With the help of free legal aid, Jones case was eventually dismissed, and she said the court waived her outstanding payment to Cash Plus. But not all debtors are as fortunate. Despite personal loan with a low credit score against state law, the data show that criminal complaints are an effective way for payday lenders to get borrowers to pay.
Of the 1,576 criminal complaints Appleseed analyzed, 385 resulted in the borrower making a repayment on their loan. In Collin County alone, 204 of the 700 criminal complaints based on payday lenders affidavits ended in payments totaling 131,836.
This success in using criminal charges to coerce money from borrowers means that payday lenders have a financial incentive to file criminal charges against debtors with alarming regularity -- even if those charges are eventually rightfully dismissed. Because Appleseeds study only covered eight of Texas 254 counties, there are likely more cases statewide. And Texas is not alone.
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