According to Ann Baddour, a policy analyst at Appleseed, what do you need to get a cash advance loan DAs seem to operate with more discretion than the county attorneys, but the outcomes were arguably as perverse.
Baddour said one DA told her that of the hot check complaints he had received, none had led to criminal charges or prosecutions. Instead, he said, his office sent letters threatening criminal charges unless the initial loan amounts plus fees were repaid.
The DA, who seemed to think he was showing evidence of his proper conduct, was instead admitting that his office functioned as a debt collector. With the help of free legal aid, Jones case was eventually dismissed, and she said the court waived her outstanding payment to Cash Plus.
But not all debtors are as fortunate. Despite being against state law, the data show that criminal complaints are an effective way for payday lenders to get borrowers to pay. Of the 1,576 criminal complaints Appleseed analyzed, 385 resulted in the borrower making a repayment on their loan. In Collin County alone, 204 of the 700 criminal complaints based on payday lenders affidavits ended in payments totaling 131,836.
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