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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 authorization to get the money. ) The state Office of Consumer Credit Commissioner has advised the payday loan industry that criminal charges may be promissory note to repay personal loan only in very limited situations where it can be proven that a borrower knew a check would bounce.
The Consumer Service Alliance of Texas, a trade association representing 80 percent of Texas payday and title loan companies, is even more strict about the practice.