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How can I get an official subpoena to get FORGERY AFFIDAVIT from CardCash?

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rated:
Hello,

I’m living in Tampa, FL and I purchased 1.3% discounted walmart electronic gift card ($98.42) on 9/7/2016 from CardCash. I used $22.98 for me on 1/7/2017, but someone else used up $75.44 on 5/23/2017. I realized it on 5/28/2017 and called walmart customer center, she told me items sent out CA, TN etc…. It’s eGift card and I have all transactions with me. That gift card originally purchased from Rockwood, TN and it's easy to investigate where items sent and who ordered them on that day after tracking IP address. I'd been to police department and policeman told me they need Forgery Affidavit from CardCash to investigate this on 6/7/2017. I emailed CardCash more than 7 times and called more than 4 times. However, they kept ignoring and denying to provide original cardholder information and Forgery Affidavit without any reason. Original cardholder and CardCash staffs only knew this information.  They kept saying they have only 45 day money back quarantee. 
However, I'm not asking REFUND but asking FORGERY AFFIDAVIT to report policeman.   I'd been to police department again on 6/23/2017 and one kind policeman called CardCash for me at 9am using my cellphone. I have a voice file for that.After that, finally they emailed me "At this time we will not be providing that information." That's all.No sorry for innocent customer and no reasons why they WILL not provide it. That's how they responded to me and policeman.  I filed up this case on Better Business Bureau and then they responded me that "Unfortunately, we cannot release that information as per our customer protection and privacy policy unless we receive an official subpoena from a law enforcement agency, we would then be happy to comply." Am I not a customer? What kind of protection they provides for buyers, even if policeman decides to look into? No one goes to police department just for FUN. If policeman investigates, it reveals everything who is guilty.  If they intentionally deny providing FORGERY AFFIDAVIT to report policeman and original cardholder information without proper reasons, 
they should stop their business. This kind of business is a trust based online trading between gift card sellers and buyers. 

Why innocent buyers have all responsibilities without punishing bad guys?Only purchasing 1.3% off discounted Walmart gift card is that wrong compared to FORGERY? I guarantee it will happen again and again if no one controls like CardCash. 
Ordinary people don’t go to the court because it’s small gift card compared to lawyer fee. 
That’s why those similar companies take advantages of customers for years and years.

This kind of business is now growing very rapidly and many customers losing their hard money because of FORGERY. 

They should make an emphasis on original cardholder and their staffs in their website that "Forgery is illegal and felony. You have lifelong legal responsibility, if you attempt FORGERY after selling your gift card. 
We are willingly providing FORGERY AFFIDAVIT if customers want to report policeman" I think it protects both sides.

If anyone knows how to get an official subpoena from a law enforcement agency, please let me know.
If I file up small claims, it costs more money. That's why they act like that. 
Can I get back filing fee, if I get an official subpoena from a judge?

Please, be aware and spread this to your friends, if you can.

Thank you!

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Raise.com has a one year guarantee on their resale gift cards so long as you don't load it onto an app like Starbucks or... (more)

macguy (Jun. 28, 2017 @ 3:11p) |

Hmm wonder if the thief loads it into their App. Does that invalidate the raise guarantee.

forbin4040 (Jun. 28, 2017 @ 3:20p) |

I OBJECT! Hearsay your Honor!

saladdin (Jul. 03, 2017 @ 2:02p) |

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rated:
Just curious - you used this card once in January, then not again until June, conveniently less than a week after this fraudulent charge?  

rated:
I wanted some stuffs for memorial day sale's event.
That's why I realized on 5/28/2017.
I often use store and not a big fan of online shopping.
That's why takes long time to use eGiftcard and hardly check balance.
I never thought about it's Forgery, because I used once on Jan.

rated:
When you contacted the police, what type of response did you expect to get? This is a large company that deals in quasi-financial instruments. They probably have a specific response strategy for calls from law enforcement, and apologizing to customers for problems is rarely the response you get when you bring law enforcement in or threaten legal action.

rated:
You're spending a ALOT of time trying to get $75 back. Cut your losses or do a chargeback with your credit card.

rated:
It's my first time to encounter this kind of FORGERY. I simply thought Forgery is Forgery why it's an issue to give me a forgery affidavit?  
Then realized it affects substantially their business. If it's a big company, do I need to contact class action lawyer to collect similar forgeries like mine to warn others and protect customer rights?
I bet there are tons of similar stories go on and on. 
I don't mind $75, but want to do some legal actions for better society, if I can.

rated:
Only a court can compel cardcash to produce information.

That is the inherent risk of buying a gift card on secondary market and the way to mitigate that risk is to use the card up immediately.  Cardcash protected you for 45 days.  There is nothing preventing the original seller (the one who sold it to cardcash) from using the card after they sold it to Card Cash

rated:
nayoungkim said:   I wanted some stuffs for memorial day sale's event.
That's why I realized on 5/28/2017.
I often use store and not a big fan of online shopping.
That's why takes long time to use eGiftcard and hardly check balance.
I never thought about it's Forgery, because I used once on Jan.

  You can use the Walmart app to pay with e-gift cards in store.

rated:
stanolshefski said:   You can use the Walmart app to pay with e-gift cards in store.
  
We've had threads where once the gift card is loaded to Walmart that the value disappears. You save the email, and pull it up on your phone, and let the clerk scan the bar code. Minimize the exposure to the gift card information.

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seawolf21 said:   Only a court can compel cardcash to produce information.
 

  Any party can seek an order to compel the production of information reasonably calculated to lead to the discovery of admissible evidence in a civil action.

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I appreciate you trying to get some justice, but even with willing local LEO and prosecutors, it's unlikely anything will happen. The perpetrator is likely in another state and the matter is too small to get the Feds interested.

rated:
Cardcash offers a 45 day protection for something like this, but as OP waited 4 months...yikes.

rated:
bigdinkel said:   You're spending a ALOT of time trying to get $75 back. Cut your losses or do a chargeback with your credit card.
  He is well past the 60 days to be able to do that.  Reread the OP first few sentences.

rated:
Chyvan said:   
stanolshefski said:   You can use the Walmart app to pay with e-gift cards in store.
  
We've had threads where once the gift card is loaded to Walmart that the value disappears. You save the email, and pull it up on your phone, and let the clerk scan the bar code. Minimize the exposure to the gift card information.

  I suspect that the problem isn't loading it in the Walmart app -- and technically, you don't load it in the app, you add it to your walmart.com account and use the same credentials to login. The moment that you use the e-gift card on walmart.com, it has the same exposure as the app.

rated:
this happens very frequently. i almost never buy from them unless i'm going to use the GC same or next day. once, i bought a TGI fridays GC and the balance was drained 2 days later

edit: if you catch it early they are pretty good about refunding, hence the 45 day policy.  i know it's not their fault but it's still a hassle.  always check the balance before you go to use it

to be safe you can transfer the balance to a new GC (a lot of places will let you buy GCs with GCs, or transfer the balance, or at worst buy something and get refunded on a brand new GC)

rated:
tenken said:   this happens very frequently. i almost never buy from them unless i'm going to use the GC same or next day. once, i bought a TGI fridays GC and the balance was drained 2 days later

edit: if you catch it early they are pretty good about refunding, hence the 45 day policy.  i know it's not their fault but it's still a hassle.  always check the balance before you go to use it

to be safe you can transfer the balance to a new GC (a lot of places will let you buy GCs with GCs, or transfer the balance, or at worst buy something and get refunded on a brand new GC)

  Don't do this with Starbucks GCs, because they'll shut down the entire balance if the card was purchased with a stolen CC.

rated:
stanolshefski said:   
tenken said:   this happens very frequently. i almost never buy from them unless i'm going to use the GC same or next day. once, i bought a TGI fridays GC and the balance was drained 2 days later

edit: if you catch it early they are pretty good about refunding, hence the 45 day policy.  i know it's not their fault but it's still a hassle.  always check the balance before you go to use it

to be safe you can transfer the balance to a new GC (a lot of places will let you buy GCs with GCs, or transfer the balance, or at worst buy something and get refunded on a brand new GC)

  Don't do this with Starbucks GCs, because they'll shut down the entire balance if the card was purchased with a stolen CC.

  Quite certain many other retailers will as well.  Best advice when buying from a reseller is use the gift card immediately if possible.  If not, don't buy.

rated:
stanolshefski said:   
Chyvan said:   
stanolshefski said:   You can use the Walmart app to pay with e-gift cards in store.
  
We've had threads where once the gift card is loaded to Walmart that the value disappears. You save the email, and pull it up on your phone, and let the clerk scan the bar code. Minimize the exposure to the gift card information.

  I suspect that the problem isn't loading it in the Walmart app -- and technically, you don't load it in the app, you add it to your walmart.com account and use the same credentials to login. The moment that you use the e-gift card on walmart.com, it has the same exposure as the app.


I knew what you meant. Your idea is bad. https://www.fatwallet.com/forums/arcmessageview.php?catid=52&thr...

This isn't some isolated thread. Do NOT put your gift card info into walmart.com. If it's drained, Walmart won't help you.
  

rated:
nayoungkim said:   I wanted some stuffs for memorial day sale's event.
That's why I realized on 5/28/2017.
I often use store and not a big fan of online shopping.
That's why takes long time to use eGiftcard and hardly check balance.
I never thought about it's Forgery, because I used once on Jan.

  Then why would you buy such a card in the first place?  A 20% discount I could understand, but you saved all of $1 buying this card.  It's still quite the coincidence that you just happened to check the balance 8 months after buying it, and it just happened to be days after the card had been drained.  

Why do you keep saying "forgery"?  

rated:
nayoungkim said:   It's my first time to encounter this kind of FORGERY. I simply thought Forgery is Forgery why it's an issue to give me a forgery affidavit?  
Then realized it affects substantially their business. If it's a big company, do I need to contact class action lawyer to collect similar forgeries like mine to warn others and protect customer rights?
I bet there are tons of similar stories go on and on. 
I don't mind $75, but want to do some legal actions for better society, if I can.

  Why do you keep bothering Card Cash?  They provided you with a valid card, as you know since you used it 4 months after purchasing it.  This is a matter between you, the police, and Walmart, who was holding the gift card funds for you.  Of course Card Cash isn't going to give you the info of the person who sold them the card, you just want to harass that poor person as a scapegoat when there's zero indication they have anything to do with it.  Thus their insistence on a court order.

rated:
Crazytree said:   
seawolf21 said:   Only a court can compel cardcash to produce information.
  Any party can seek an order to compel the production of information reasonably calculated to lead to the discovery of admissible evidence in a civil action.

Defendant can object to discovery which then...........requires a court to order defendant to produce information relevant to discovery request.

rated:
stanolshefski said:   
tenken said:   this happens very frequently. i almost never buy from them unless i'm going to use the GC same or next day. once, i bought a TGI fridays GC and the balance was drained 2 days later

edit: if you catch it early they are pretty good about refunding, hence the 45 day policy.  i know it's not their fault but it's still a hassle.  always check the balance before you go to use it

to be safe you can transfer the balance to a new GC (a lot of places will let you buy GCs with GCs, or transfer the balance, or at worst buy something and get refunded on a brand new GC)

  Don't do this with Starbucks GCs, because they'll shut down the entire balance if the card was purchased with a stolen CC.

  
Yup. If you have $150 on your SBUX card, and then add another $50 from a new card, and the new card turns out to be fraudulently obtained, they'll close the whole account and take the entire $200, not just the $50.  Eventually, you'll get your $150 back, but it takes effort.  

rated:
Crazytree said:   
seawolf21 said:   Only a court can compel cardcash to produce information.
  Any party can seek an order to compel the production of information reasonably calculated to lead to the discovery of admissible evidence in a civil action.

  Doesn't there first have to be a civil action?  Any party may seek the info, but Seawolf is correct that only a court can compel them to provide it.  If you ask nicely and Card Cash refuses, your only option is to ask a judge to force them.

rated:
cestmoi123 said:   
 
  
Yup. If you have $150 on your SBUX card, and then add another $50 from a new card, and the new card turns out to be fraudulently obtained, they'll close the whole account and take the entire $200, not just the $50.  Eventually, you'll get your $150 back, but it takes effort.  

  Interesting, one discount gift card app specifically states that you shouldn't add your gift card to your Starbucks account. I thought it had to do with someone being able to access the rest of your account if they have the gift card number you added, but I guess not.

rated:
seawolf21 said:   
Crazytree said:   
seawolf21 said:   Only a court can compel cardcash to produce information.
  Any party can seek an order to compel the production of information reasonably calculated to lead to the discovery of admissible evidence in a civil action.

Defendant can object to discovery which then...........requires a court to order defendant to produce information relevant to discovery request.

 Nayoungkim, It may cost a court (and therefore the citizens of your state) far more than $75 to process a court order.  Thus, it would be prudent to find out what constitutes a "frivolous lawsuit" in FL before going down that road..

rated:
NEVER EVER buy a giftcard and sit on it for more than a month from cardcash.  If you fail to do so it will be emptied for you.  Its a known issue and seems to be prevalent with anything they sell.  hundreds possibly thousands of instances of this happening.

rated:
marginoferror said:   
cestmoi123 said:   
 
  
Yup. If you have $150 on your SBUX card, and then add another $50 from a new card, and the new card turns out to be fraudulently obtained, they'll close the whole account and take the entire $200, not just the $50.  Eventually, you'll get your $150 back, but it takes effort.  

  Interesting, one discount gift card app specifically states that you shouldn't add your gift card to your Starbucks account. I thought it had to do with someone being able to access the rest of your account if they have the gift card number you added, but I guess not.

If you add one "bad" card to the account, then the whole account is considered tainted. 

rated:
Glitch99 said:   
nayoungkim said:   I wanted some stuffs for memorial day sale's event.
That's why I realized on 5/28/2017.
I often use store and not a big fan of online shopping.
That's why takes long time to use eGiftcard and hardly check balance.
I never thought about it's Forgery, because I used once on Jan.

  Then why would you buy such a card in the first place?  A 20% discount I could understand, but you saved all of $1 buying this card.  It's still quite the coincidence that you just happened to check the balance 8 months after buying it, and it just happened to be days after the card had been drained.  

Why do you keep saying "forgery"?  

  This, one thousand times. Why on earth would someone buy a gift card from a third party to save $1 and change?

rated:
Glitch99 said:   
Crazytree said:   
seawolf21 said:   Only a court can compel cardcash to produce information.
  Any party can seek an order to compel the production of information reasonably calculated to lead to the discovery of admissible evidence in a civil action.

  Doesn't there first have to be a civil action?  Any party may seek the info, but Seawolf is correct that only a court can compel them to provide it.  If you ask nicely and Card Cash refuses, your only option is to ask a judge to force them.

  Yes, there must first be a civil action.  But anyone can sue anyone for anything.  Example: my friend, an assistant department head for a large city, just got sued by a homeless woman she has never met for stealing this woman's imaginary husband.   She wants $125,000 for emotional distress.  This mentally ill homeless woman could serve discovery and/or third-party subpoenas and, if they seek information relevant to the law underlying these insane claims, could get that information.

A party can object and refuse to produce discovery, but runs the risk of being sanctioned by the court in concert with a motion to compel by the other party.

rated:
Crazytree said:   
Glitch99 said:   
Crazytree said:   
seawolf21 said:   Only a court can compel cardcash to produce information.
  Any party can seek an order to compel the production of information reasonably calculated to lead to the discovery of admissible evidence in a civil action.

  Doesn't there first have to be a civil action?  Any party may seek the info, but Seawolf is correct that only a court can compel them to provide it.  If you ask nicely and Card Cash refuses, your only option is to ask a judge to force them.

  Yes, there must first be a civil action.  But anyone can sue anyone for anything.  Example: my friend, an assistant department head for a large city, just got sued by a homeless woman she has never met for stealing this woman's imaginary husband.   She wants $125,000 for emotional distress.  This mentally ill homeless woman could serve discovery and/or third-party subpoenas and, if they seek information relevant to the law underlying these insane claims, could get that information.

A party can object and refuse to produce discovery, but runs the risk of being sanctioned by the court in concert with a motion to compel by the other party.

  What usually happens? If the crazy lady (A) subpoena's your friend's insurance company (B) for instance, does the insurance company provide the information or would they let your friend (C) know and expect her to fight it? Does (B) ever actually refuse and argue themselves if it's information (C) would be able to get from (B) anyway? If insurance has specific rules, assume I meant some other third party.

rated:
Raise.com has a one year guarantee on their resale gift cards so long as you don't load it onto an app like Starbucks or Walmart. But I would still only buy a card from them or anyone else if I was going to use it in the next few days and I'd want to save more than $1 or $2.

rated:
Hmm wonder if the thief loads it into their App. Does that invalidate the raise guarantee.

rated:
Crazytree said:   
seawolf21 said:   Only a court can compel cardcash to produce information.
  Any party can seek an order to compel the production of information reasonably calculated to lead to the discovery of admissible evidence in a civil action.

  I OBJECT! Hearsay your Honor!

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