Payday loans in the United States

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 · Are payday loans illegal in Texas I have a payday loan and I can't keep up with the payments. I want to move to live with my parents and I was told by the company that I'm not allowed to move because cft-group.tk This legal research guide provides information about short-term and payday loans, including links to relevant statutes and information in “plain English.”cft-group.tk  · Texas Payday Law does not address how long a paycheck must be kept active before an employee must cash it, but does state that an employee has the right to file a claim for unpaid wages up to days from the date the wages were due to be paid Deductions for out-of-pocket loans to an employee, even with an oral agreement to cft-group.tk

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What should you do if you need a payday loan?

They are loans of last resort for people who need cash quickly. As John Oliver notes in one of his Last Week Tonight programs, payday loan companies often use business names that imply quick access to cash.

A quick loan for a small amount of money to be repaid with your next pay check sounds like a good idea. The problem is the cost of the loan.

Sure, the company will work with you, but at a cost of more interest. If you defer the payment, the next payment amount increases. The amount of interest and fees from lenders varies, but the concept remains: Payday loans are very expensive to the borrower. The cost of repaying the loan increases quickly. Find a way to avoid payday loans. The Texas Finance Code provides that a debt collector may not use threats, coercion, or attempts to coerce by, among other things, threatening that the debtor will be arrested for nonpayment of a consumer debt without proper court proceedings or threatening to file a criminal action against a debtor when the debtor has not violated a criminal law.

For the usual payday loan, the answer is no. Payday loans usually involve a promise to pay in the future. Sometimes, though, the lender requires that the borrower write a post-dated check for the loan payment. The issue for Ms. Jones -- and most other payday borrowers who face criminal charges -- came down to a check.

These checks and debit authorizations are the backbone of the payday lending system. She made a partial payment, rolling over the loan for another month and asking if she could create a payment plan to pay back the remainder. Jones' check to Cash Plus was returned with a notice that her bank account had been closed. She was then criminally charged with bad check writing. In Texas, bad check writing and "theft by check" are Class B misdemeanors, punishable by up to days in jail as well as potential fines and additional consequences.

In the typical "hot check" case, a person writes a check that they know will bounce in order to buy something. However, the intent of the clarification to state law is that a bounced check written to a payday 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 criminal complaint against Jones simply includes a photocopy of her bounced check. 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.

Jones moved after she borrowing from Cash Plus, so she did not get notice of the charges by mail. Instead, a county constable showed up at her new address.

Jones said she was terrified and embarrassed by the charges. She had to enter a plea in the case or else face an arrest warrant and possible jail time. In addition to the fines, Jones was unable to renew her driver's license until the case was resolved. Emilio Herrera, the Cash Plus franchisee who submitted the affidavit against Jones, told HuffPost that he does not remember her case. But he added that he tries to work out payment plans with all his customers, and that it is common for his customers to pay back loans in very small increments.

In response to a request for comment from HuffPost about Appleseed's letter, Consumer Financial Protection Bureau spokesman Sam Gilford said, "Consumers should not be subjected to illegal threats when they are struggling to pay their bills, and lenders should not expect to break the law without consequences. One reason that lenders' predatory behavior continues is simple administrative overload. Travis County Justice of the Peace Susan Steeg, who approved the charges against Jones, told HuffPost that due to the volume of bad check affidavits her court receives, her office has been instructed by the county attorney to file charges as affidavits are submitted.

The charges are then passed along to the county attorney's office. It is up to the county attorney to review the cases and decide whether to prosecute or dismiss them. But Travis County Attorney David Escamilla told HuffPost that his office had never instructed the Justice of the Peace courts to approve all bad check complaints, and said he did not know why or where Steeg would have gotten that understanding. When cases are wrongfully filed by payday lenders, how quickly they are dismissed depends on prosecutors' workload and judgment.