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But Texas law is clear that checks written to secure a payday loan, like Jones, are not "hot checks. " If the lender cashes the check when the loan is due and it bounces, the assumption isnt that the borrower stole money by writing a hot check - its just that they cant repay their loan. That doesnt mean that loan transactions are exempt from Texas criminal law. However, the intent of the 2012 clarification to state law is that a bounced check written to a cash loans mesquite tx lender alone cannot justify criminal charges.
Yet in Texas, criminal charges are frequently substantiated by little more than the lender's word and evidence that is often inadequate. For instance, the personal cash advance loan complaint against Jones simply includes a photocopy of her bounced check.
Making matters worse, Texas Justice of the Peace courts, which handle claims under 10,000, appear to be rubber-stamping bad cash loans mesquite tx affidavits as they receive them and indiscriminately filing criminal charges.
Once the charges are filed, the borrower must enter a plea or face an arrest warrant. If the borrower pleads guilty, they must pay a fine on top of the amount owed to the lender.