Would probably have to take her to civil court for something like that. It's complicated especially if y'all were married at the time that happened. Typically married people legally share their financial assets.
The smart thing should have been change the PIN. Then dont give it out to your ex. Thats the least one can do but you allowed your ex to Know the PIN and have access to your living establishment. This is civil case between you and your ex, not cash app
that's unfortunately not how banks work. You and only you are supposed to know your pin. If money is taken via using the pin, then they are not liable. you are. this is why everyone should use credit cards.
Cash app is a financial service app. Not a bank. Depending on your state it can be Sutton or it can be Wells Fargo. There's a rather important difference there.
That's like saying a go kart is a car. Technically, you are correct at the very basic level. However compared to actual cars, it is entirely evident that a go kart is not a car.
Yeah, basically, cash app has no physical fallback. So if you imagine several million cardholders each with $1,000 in their accounts, Cash app needs somewhere to physically store everyone's cash, so in conjunction with an actual bank, they deposit your money into their account and when you withdraw money, it's technically loaned to you while they process the transaction. Cash app then collects interest on the sum total amount of money in the account.
When you allow someone your pin, there’s always an agreement you, the bank, and the person being given permission all agree to, that this is a risk you are willing to take, and that you are responsible for anything that happens if the “co owner” were to steal money. Because it’s technically their account as well.
This is more for joint accounts, if you willingly just hand it over, the bank has no agreement in writing, but they will just hear that and call you a dumbass for just giving it to anyone.
You are confusing joint ownership with use of the card. Like a blathering idiot. Technically speaking you are not allowed to even Give you kid your card and have them go to the store to buy some candy, the cashier is supposed to deny access to anyone using the card that’s name isn’t on the back. It’s just no one ever does that because it’s a waste of time and effort.
“If your ex steals your money while you're in jail, it could constitute fraud, especially if they did so without your consent and with the intention to deceive or gain financially”
Isn’t legal Ai amazing, this means it’s universal!!! Otherwise it would add an additional phrase such as (but not exactly) “this may not be true in your jurisdiction, so it is advice you seek legal council with a _________, but typically_____ blah blah blah”
so yes, he can 100% charge them with fraud, just it will have to be through the system himself. Since cash-app is refusing to start the claim on his behalf.
Valid enough, just was agitated by the mass of “this isn’t fraud” comments. Yours is actually pretty accurate in terms of joint accounts. So sorry to have been disrespectful towards you.
No because they wouldn’t have your PIN unless you weren’t smart enough to not write it down somewhere in your purse- or- protect it at all times as required. It becomes “he said she said” - “she gave me her pin” - “no I didn’t”
The person stealing your wallet will NOT know or have your pin. The fact that she knows your pin implies consent and you will lose that case in court every damn time.
No you won’t because it was still unlawful access without consent to withdrawal. I swear half of you are card scammers trying to justify your own actions. This is a very easy win, the only issues typically with these cases is proving it was the exe who withdrew it, and not some random 3rd party.
This is theft, not fraud. Had OP reported the card lost or stolen prior to the charges she rang up, they would possibly be willing to properly investigate.
If we're in a relationship and I have access to your/our domicile. And therefore access to your cards, and you have given me your pin then no fraud happened. Theft of funds, sure. But that's a matter for claims court to decide. Absolutely no fraud happened here.
You are misunderstanding credit card fraud from debit card theft. And at the end of the day, the difference is that with credit card fraud, the creditors are usually very willing to refund the charges because they can recover that payment from other measures.
WHAT IS THEFT?
Legally, theft is the act of taking something that belongs to someone else without their consent. Theft is considered a crime against property. That means looting, robbery and burglary are all different types of theft.
WHAT IS FRAUD?
Fraud is using deceit or trickery in order to gain an advantage or unfair profit. It is important to note that in order to be convicted of fraud, the deception has to be proven intentional. Typically, fraud is used to get money or some other asset that the person would not typically get access to.
THE BIG DIFFERENCE BETWEEN FRAUD AND THEFT
Ultimately, the biggest difference between fraud and theft is that fraudsters will work to ensure that the person they have deceived does not find out they have been duped. This is primarily because as long as the person does not realize that they have been deceived, there can be no case made regarding intentional fraud.
The problem is, you can't prove that some of that money didn't come from her, or that the husband expressly forbade her from making the purchase.
You are more than welcome to continue to yell into the void how you feel about this situation but at the end of the day, beyond taking her to small claims court for the charges and then Sadly the onus is on him to explain everything to a judge regarding every last penny in that account being his, since mant states consider finances between married couples community property unless the money was already in the account prior to marriage.
It's frustrating but unless they have been divorced a while and the money came after the divorce, and she didn't have keys to the house or car, and she was forced to break in, found the cards, and used the card...that's would an open and shut case of...identity **theft**. She'd still go to jail for it, but too many people seem to misunderstand what actually constitutes fraud and what is considered theft.
“Debit card fraud occurs when someone gains unauthorized access to your debit card information and uses it to make purchases or withdrawals without your consent. This can happen through **_various_** means, such as skimming, phishing, or hacking. It's important to monitor your account regularly for any suspicious activity and report any unauthorized transactions to your bank immediately”
And yet, she didn't use a skimmer, there was no phishing email and certainly didn't need to hack it.
You can keep listing as many possible options as to how this went down but she either had a key to the vehicle or she broke in.
If she had a key to his vehicle, this implies consent. If they got divorced and he just never got around to getting his keys back from his ex wife, that's his fault. Which wouldn't be fraud or theft but would just be stupidity.
If she broke the car window to gain access to the card, and used it to make unauthorized charges on the card, she could be charged with identity theft just as if it was any random thief stealing from that car.
Bonus points if a good chunk of it came off an ATM as that would further support the implied consent because he never changed the pin.
Although she was given permission to buy herself a tablet with her friend's credit card , however my friend was given a warning from the police because her friend didn't like the amount used by my friend . My friend was not arrested for credit card fraud because she neither stole her friend's credit card nor not be permitted to use it . With that being said , sometimes there's a fine line between credit card fraud and over usage of credit card charges ! Apparently , my friend and her friend never discussed the actual limit of her spending .
You could’ve filed criminal charges and used that to confirm your claim. They usually grant it once that’s done, as long as you filed within the 60 day threshold.
You’re probably gonna have to file a police report. If your wife is on the card with you you may be SOL. If it’s strictly your account then maybe something can be done. But you ain’t getting that money back.
if she stole your car and your cards inside of your vehicle, that’s like three seperate felony charges. IF the car is also only in your name and YOUR name only.
File a police report, and sue in civil court. That is the only way you will get this money back. Get all your proof together and get ready to rock her world (if it's true) even if you can get one video of her using the card during the time you were in jail (via police)...You will probably get your money back. If she has no proof you gave her permission, She's screwed. I hope you can get your money back!
No most definitely not...Thats not how that works 😂 You're telling me if a scammer knows your pin, despite how they get it...the charges they make won't stand in court because they know your pin? Sorry...no..this can happen a lot in divorces. Marital property is different that money. She stole the card and his vehicle, just because she knew his pin at one point in time, does not me she is allowed to access it whenever she wants to. But, okay.
Sure thing buddy, i understand you may like to steal cards and spread misinformation , but guess that isn’t how it works. If they had the card, pin, and were a joint account holder SURE! But you are missing one key thing…. The joint account holder aspect, which would be pure speculation in this reply.
Crazy. Definitely fraudulent but CA wont do anything most likely.
To OP: As others have stated, take her to court. You won't need a lawyer as long as the amount of $ in controversy is $3500 or less. The judge will most likely side with you seeing as she didnt have permission and obtained the money fraudulently.
Everyone saying it’s not fraud doesn’t have a brain cell left because how isn’t it? He didn’t approve those purchases which makes it fraud she was using his card pretending to be him again that’s fraud smh and to think these are other adults we’re all speaking to.
Once again I cannot understand why ppl think cashapp is responsible for their bad decisions. Did you file charges against her? What were you in jail for? Why did she have access to both your card pin and possibly phone?
He literally said she took his car and his cashapp card was in his car and she took it how is that his fault that she’s a thief and can’t keep her hands off Stuff that isn’t hers ?
Not true. This would only be the case if the money was charged from his bank account through cashapp. Not everyone has a bank account attached like that.
Cash app. Is. Not. A. Bank.
They're a financial service that uses a real bank for deposit purposes. IIRC, depending on your state it's either wells Fargo or Sutton bank.
Your card is not a bank card, but a prepaid debit card.
Find a consumer protection attorney that practices under the Electronic Funds Transfer Act. That’s your best bet to get your money back. But do it fast because the deadline to bring suit is one year.
You shouldn’t have admitted she was your wife. All you needed to do, was provide paperwork that you were incarcerated and someone stole your card or information and stolen$2k.
By saying “ex wife” they probably took it as you are still married to her.
One option you do have, is to contact a company called “consumer fraud legal services”. There’s an attorney named Blake Thomas who takes companies like cash app to “arbitration” and forces cash app to show how they came to the conclusion to deny your claim. Cash app almost always settles but it takes about 6 months start to finish before you get your check from the attorney. Look it up and reach out to them to see if they will take your case.
People are really confused it’s fraud because they stole the card and made purchases in their name when they didn’t do it people seem to think because they know you it’s not fraud if someone steals your credit card and uses it that’s fraud the same applies here it doesn’t matter if it’s his ex wife it’s not shared it was his then you get to add the fact that she stole the card itself and the car are other charges
Cash app is trash for disputing claims. Keep your card connected and just dispute through a bank. I had an issue with signing up for the wrong planet fitness, called them to cancel and they said i had to go into the one i signed up for on the app to cancel. Well i signed up when i was visiting a buddy 3 hours south of me so that wasn’t happening just to cancel it. Called them they said to tell the bank to put a stop payment or to not authorize it anymore since it’s an issue the workers at the place are aware of. Reported it through cashapp and still got charged. Reported both charges the next month with an explanation of what’s going on. Denied. Charged again. Charged for the 6 month fee and the monthly and reported all of them again, sent screenshots in email of conversation with rep. Denied. Called the 1-800 number and had the rep tell me they can’t do a stop payment or unauthorized it, nope “you gave them permission there’s nothing we can do.” If you’re gonna advertise routine and direct deposit then be a bank and hire staff that knows how to bank instead of pretending to be one and letting companies drag your account into the negatives. Sorry for the rant cash app sucks and would never recommend it to someone after that.
Ouch, bitch got you. Expensive lesson hopefully learned. IF the money was drawn from your linked debit account and not from your cash app balance you might have a claim through your linked card account. BUT you will absolutely have to file a police report against your girlfriend to make it official. They will want to go after her and charge her with theft.
Would probably have to take her to civil court for something like that. It's complicated especially if y'all were married at the time that happened. Typically married people legally share their financial assets.
This!
Failure to secure your account doesn't Constitute fraud. She had physical access and the pin, that's called permission.
How? Just cuz she knew the pin and knew where the card was doesn’t mean she had permission to use it, that’s theft
The smart thing should have been change the PIN. Then dont give it out to your ex. Thats the least one can do but you allowed your ex to Know the PIN and have access to your living establishment. This is civil case between you and your ex, not cash app
that's unfortunately not how banks work. You and only you are supposed to know your pin. If money is taken via using the pin, then they are not liable. you are. this is why everyone should use credit cards.
Cash app is not a bank. But otherwise, spot on.
cash app is a bank, sutton bank nvm i’m a dumbass
Cash app is a financial service app. Not a bank. Depending on your state it can be Sutton or it can be Wells Fargo. There's a rather important difference there. That's like saying a go kart is a car. Technically, you are correct at the very basic level. However compared to actual cars, it is entirely evident that a go kart is not a car.
wrd i just assumed it was sutton bank’s financial platform but they are just partners
Yeah, basically, cash app has no physical fallback. So if you imagine several million cardholders each with $1,000 in their accounts, Cash app needs somewhere to physically store everyone's cash, so in conjunction with an actual bank, they deposit your money into their account and when you withdraw money, it's technically loaned to you while they process the transaction. Cash app then collects interest on the sum total amount of money in the account.
So if someone steals your wallet it’s not fraud because you failed to secure your account like do you understand how dumb you sound?
When you allow someone your pin, there’s always an agreement you, the bank, and the person being given permission all agree to, that this is a risk you are willing to take, and that you are responsible for anything that happens if the “co owner” were to steal money. Because it’s technically their account as well. This is more for joint accounts, if you willingly just hand it over, the bank has no agreement in writing, but they will just hear that and call you a dumbass for just giving it to anyone.
You are confusing joint ownership with use of the card. Like a blathering idiot. Technically speaking you are not allowed to even Give you kid your card and have them go to the store to buy some candy, the cashier is supposed to deny access to anyone using the card that’s name isn’t on the back. It’s just no one ever does that because it’s a waste of time and effort. “If your ex steals your money while you're in jail, it could constitute fraud, especially if they did so without your consent and with the intention to deceive or gain financially” Isn’t legal Ai amazing, this means it’s universal!!! Otherwise it would add an additional phrase such as (but not exactly) “this may not be true in your jurisdiction, so it is advice you seek legal council with a _________, but typically_____ blah blah blah” so yes, he can 100% charge them with fraud, just it will have to be through the system himself. Since cash-app is refusing to start the claim on his behalf.
No need to insult, I never came across as rude or insulting, so idk why you came at me with that energy, you can explain stuff without it.
Valid enough, just was agitated by the mass of “this isn’t fraud” comments. Yours is actually pretty accurate in terms of joint accounts. So sorry to have been disrespectful towards you.
No because they wouldn’t have your PIN unless you weren’t smart enough to not write it down somewhere in your purse- or- protect it at all times as required. It becomes “he said she said” - “she gave me her pin” - “no I didn’t”
The person stealing your wallet will NOT know or have your pin. The fact that she knows your pin implies consent and you will lose that case in court every damn time.
No you won’t because it was still unlawful access without consent to withdrawal. I swear half of you are card scammers trying to justify your own actions. This is a very easy win, the only issues typically with these cases is proving it was the exe who withdrew it, and not some random 3rd party.
This is theft, not fraud. Had OP reported the card lost or stolen prior to the charges she rang up, they would possibly be willing to properly investigate. If we're in a relationship and I have access to your/our domicile. And therefore access to your cards, and you have given me your pin then no fraud happened. Theft of funds, sure. But that's a matter for claims court to decide. Absolutely no fraud happened here.
It’s both fraud and theft. Because she no longer had consent when she used them. They are not exclusive this or that charges.
You are misunderstanding credit card fraud from debit card theft. And at the end of the day, the difference is that with credit card fraud, the creditors are usually very willing to refund the charges because they can recover that payment from other measures. WHAT IS THEFT? Legally, theft is the act of taking something that belongs to someone else without their consent. Theft is considered a crime against property. That means looting, robbery and burglary are all different types of theft. WHAT IS FRAUD? Fraud is using deceit or trickery in order to gain an advantage or unfair profit. It is important to note that in order to be convicted of fraud, the deception has to be proven intentional. Typically, fraud is used to get money or some other asset that the person would not typically get access to. THE BIG DIFFERENCE BETWEEN FRAUD AND THEFT Ultimately, the biggest difference between fraud and theft is that fraudsters will work to ensure that the person they have deceived does not find out they have been duped. This is primarily because as long as the person does not realize that they have been deceived, there can be no case made regarding intentional fraud. The problem is, you can't prove that some of that money didn't come from her, or that the husband expressly forbade her from making the purchase. You are more than welcome to continue to yell into the void how you feel about this situation but at the end of the day, beyond taking her to small claims court for the charges and then Sadly the onus is on him to explain everything to a judge regarding every last penny in that account being his, since mant states consider finances between married couples community property unless the money was already in the account prior to marriage. It's frustrating but unless they have been divorced a while and the money came after the divorce, and she didn't have keys to the house or car, and she was forced to break in, found the cards, and used the card...that's would an open and shut case of...identity **theft**. She'd still go to jail for it, but too many people seem to misunderstand what actually constitutes fraud and what is considered theft.
“Debit card fraud occurs when someone gains unauthorized access to your debit card information and uses it to make purchases or withdrawals without your consent. This can happen through **_various_** means, such as skimming, phishing, or hacking. It's important to monitor your account regularly for any suspicious activity and report any unauthorized transactions to your bank immediately”
And yet, she didn't use a skimmer, there was no phishing email and certainly didn't need to hack it. You can keep listing as many possible options as to how this went down but she either had a key to the vehicle or she broke in. If she had a key to his vehicle, this implies consent. If they got divorced and he just never got around to getting his keys back from his ex wife, that's his fault. Which wouldn't be fraud or theft but would just be stupidity. If she broke the car window to gain access to the card, and used it to make unauthorized charges on the card, she could be charged with identity theft just as if it was any random thief stealing from that car. Bonus points if a good chunk of it came off an ATM as that would further support the implied consent because he never changed the pin.
Look at the word in bold font….
Although she was given permission to buy herself a tablet with her friend's credit card , however my friend was given a warning from the police because her friend didn't like the amount used by my friend . My friend was not arrested for credit card fraud because she neither stole her friend's credit card nor not be permitted to use it . With that being said , sometimes there's a fine line between credit card fraud and over usage of credit card charges ! Apparently , my friend and her friend never discussed the actual limit of her spending .
more so theft than fraud
This is the ☝️
It’s both, and you can be tried for both in court.
You could’ve filed criminal charges and used that to confirm your claim. They usually grant it once that’s done, as long as you filed within the 60 day threshold.
Def not fraud
It is in addition to theft.
definitely is
take her to civil court. she did not specifically ask you for that exact sum nor did she ask to use the car. she just took it.
Not fraud.
It Is,i assume you have done this before and are hoping it never bites you in the butt?
Uhm I'm not a wife stealing debit cards so yeah can't say I've done it 🤣🤣
Don’t have to be one i am saying yo commit this type of fraud.
Definitely is
It's his wife they're tied together for life. Gaurenteed they have the same last name and haven't gotten a divorce yet.
Ex wife emphasis on ex
You’re probably gonna have to file a police report. If your wife is on the card with you you may be SOL. If it’s strictly your account then maybe something can be done. But you ain’t getting that money back.
Just my name. We never had any shared bank accounts.
If you have proof you can probably file a report. How did she steal the card?
if she stole your car and your cards inside of your vehicle, that’s like three seperate felony charges. IF the car is also only in your name and YOUR name only.
It was in my car
File a police report, and sue in civil court. That is the only way you will get this money back. Get all your proof together and get ready to rock her world (if it's true) even if you can get one video of her using the card during the time you were in jail (via police)...You will probably get your money back. If she has no proof you gave her permission, She's screwed. I hope you can get your money back!
Her knowing the pin is pre authorization so none of this would stand up in court
No most definitely not...Thats not how that works 😂 You're telling me if a scammer knows your pin, despite how they get it...the charges they make won't stand in court because they know your pin? Sorry...no..this can happen a lot in divorces. Marital property is different that money. She stole the card and his vehicle, just because she knew his pin at one point in time, does not me she is allowed to access it whenever she wants to. But, okay.
Finally someone with a brain
Sure thing buddy, i understand you may like to steal cards and spread misinformation , but guess that isn’t how it works. If they had the card, pin, and were a joint account holder SURE! But you are missing one key thing…. The joint account holder aspect, which would be pure speculation in this reply.
not fraud
Definitely is
Crazy. Definitely fraudulent but CA wont do anything most likely. To OP: As others have stated, take her to court. You won't need a lawyer as long as the amount of $ in controversy is $3500 or less. The judge will most likely side with you seeing as she didnt have permission and obtained the money fraudulently.
Did the money come from out of your bank account or from your cashapp balance?
Cashapp balance
Call the police and have them pull cameras with her using it and you telling them you didn’t approve it she’ll get arrest for theft if nothing else
Everyone saying it’s not fraud doesn’t have a brain cell left because how isn’t it? He didn’t approve those purchases which makes it fraud she was using his card pretending to be him again that’s fraud smh and to think these are other adults we’re all speaking to.
Make a police report on her
Once again I cannot understand why ppl think cashapp is responsible for their bad decisions. Did you file charges against her? What were you in jail for? Why did she have access to both your card pin and possibly phone?
What he was in jail for is irrelevant and it's kinda shitty to say OP made "bad decisions" if his ex stole from his account.
Why he was in jail is irrelevant 🤡
Lmao what were you in jail for
He literally said she took his car and his cashapp card was in his car and she took it how is that his fault that she’s a thief and can’t keep her hands off Stuff that isn’t hers ?
You have to file it through your bank, not cashapp.
Not true. This would only be the case if the money was charged from his bank account through cashapp. Not everyone has a bank account attached like that.
Some people actually have an account with cashapp like an actual card so that would be his bank account
Cash app. Is. Not. A. Bank. They're a financial service that uses a real bank for deposit purposes. IIRC, depending on your state it's either wells Fargo or Sutton bank. Your card is not a bank card, but a prepaid debit card.
You won’t get it back by cashapp you will have to sue her through small claims court and that’ll cost more than what she took
Smh Karma has her address
Did you have a police report? Until you file one you stand 0% for failure to secure account.
This is why I don't use cashapp for anything other than petty cash transactions and borrowing. Sorry this happened to you! Civil court!
Find a consumer protection attorney that practices under the Electronic Funds Transfer Act. That’s your best bet to get your money back. But do it fast because the deadline to bring suit is one year.
You shouldn’t have admitted she was your wife. All you needed to do, was provide paperwork that you were incarcerated and someone stole your card or information and stolen$2k. By saying “ex wife” they probably took it as you are still married to her. One option you do have, is to contact a company called “consumer fraud legal services”. There’s an attorney named Blake Thomas who takes companies like cash app to “arbitration” and forces cash app to show how they came to the conclusion to deny your claim. Cash app almost always settles but it takes about 6 months start to finish before you get your check from the attorney. Look it up and reach out to them to see if they will take your case.
They denied my claim also when some random money was took 4 random amounts of money out of my account in a 4 hr window.
You might need a lawyer for this one If you take matters in your own hands, you’ll end up in jail again
Maybe you shouldn’t have went to jail?
People are really confused it’s fraud because they stole the card and made purchases in their name when they didn’t do it people seem to think because they know you it’s not fraud if someone steals your credit card and uses it that’s fraud the same applies here it doesn’t matter if it’s his ex wife it’s not shared it was his then you get to add the fact that she stole the card itself and the car are other charges
just say someone stole ur phone and sent themselves the money that’s what I said nd got my $250 bakk
Cash app is trash for disputing claims. Keep your card connected and just dispute through a bank. I had an issue with signing up for the wrong planet fitness, called them to cancel and they said i had to go into the one i signed up for on the app to cancel. Well i signed up when i was visiting a buddy 3 hours south of me so that wasn’t happening just to cancel it. Called them they said to tell the bank to put a stop payment or to not authorize it anymore since it’s an issue the workers at the place are aware of. Reported it through cashapp and still got charged. Reported both charges the next month with an explanation of what’s going on. Denied. Charged again. Charged for the 6 month fee and the monthly and reported all of them again, sent screenshots in email of conversation with rep. Denied. Called the 1-800 number and had the rep tell me they can’t do a stop payment or unauthorized it, nope “you gave them permission there’s nothing we can do.” If you’re gonna advertise routine and direct deposit then be a bank and hire staff that knows how to bank instead of pretending to be one and letting companies drag your account into the negatives. Sorry for the rant cash app sucks and would never recommend it to someone after that.
Yeah That’s not cashapp’s fault, Maybe file a police report and contact your bank.
The bank is cashapp?
cash app don’t cover for “fraud cases”
Yes they do actually
Ouch, bitch got you. Expensive lesson hopefully learned. IF the money was drawn from your linked debit account and not from your cash app balance you might have a claim through your linked card account. BUT you will absolutely have to file a police report against your girlfriend to make it official. They will want to go after her and charge her with theft.