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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.
We dont do it, Escamilla said, referring to the usage of the criminal hot checks process to enforce the terms of lending agreements.
When cases are wrongfully filed by payday lenders, how quickly they are dismissed depends on prosecutors' workload and judgment. Often, it is not clear that theft by check cases are payday loans, since the name of the payday lender banks offering personal loans philippines not immediately distinguishable from that of an ordinary merchant.
District attorneys may also receive these complaints and have the ability to file criminal charges. According to Ann Baddour, a policy analyst at Appleseed, the DAs seem banks offering personal loans philippines operate with more discretion than the county attorneys, but the outcomes were arguably as perverse.
Baddour said one DA told her that of the hot check complaints he had received, none had led to criminal charges or prosecutions.