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Often, it is not clear that theft by check cases are payday loans, since the name of the payday lender is not immediately distinguishable from that of an ordinary merchant.
District attorneys may also receive these complaints and have the ability to file criminal charges. According to Ann Baddour, a policy analyst at Appleseed, the 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 bajaj finance personal loan part payment waived her outstanding payment to Cash Plus.
But not all debtors are as fortunate.