Well, we send a letter out, Herberg told the Observer. Thats part of the services that are offered. The DA, he said, cant decide which merchants to work with or not, even if payday lenders may not be the favorite in the community. Herberg said his cash advance diamond ave wont prosecute cases in which a payday loan is involved unless theres a clear case of fraud or deception.

If its for a loan, theyre not going to submit them to a criminal prosecution, it would be for collections purposes only. However, the collections letters from the Bexar County DA threaten arrest, jail and criminal prosecution-an inconsistency that the credit commission noted in its correspondence with Marpast.

You would think that if this was a legitimate fraud or suspected fraud or suspected theft by check, that wouldve come up somewhere in the letter from Marpast to the credit commission, Tillman said. Because [Marpast] knew and the DA for that matter knew it was bullshit.

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