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An Observer investigation has found at least 1,700 instances in which payday loan companies in Texas have filed criminal complaints against customers in San Antonio, Houston and Amarillo. In at least a few cases, people have ended up in jail because they owed money to a payday loan company. Even when customers avoided jail, the Observer has found, payday loan companies have used Texas courts and prosecutors as de facto collection agencies. This is despite state laws that forbid payday loan companies from even threatening to pursue criminal charges against their customers, except in unusual circumstances.
The law specifically prohibits theft charges when a post-dated check is involved. (Most payday loans require borrowers to provide a post-dated check or debit security bank personal loan eligibility to get the money. ) The state Office of Consumer Credit Commissioner has advised the payday loan industry that criminal charges may be pursued only in very limited situations where it can be proven that a borrower knew cash advance loans in maryland check would bounce.
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