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In the typical "hot check" case, a person writes a check that they know will bounce in order to buy something. But Texas law is clear that checks written to secure a payday loan, jn personal loan 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 payday lender danville va cash advance cannot justify criminal charges.
Yet in Texas, criminal charges are frequently substantiated by little more than the lender's danville va cash advance and evidence that is often inadequate.
For instance, the criminal 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 check 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.