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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8295
Experience:  JD, BBA Over 25 years legal and business experience.
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How can I find out if a lenders fraudulent conversation with

Customer Question

How can I find out if a lender's fraudulent conversation with me, on the telephone, was recorded (and retrievable)-so I can prove they committed a crime against me ? Simply put: U.S. Fast Cash offered me $400.00, but I emphatically said "No". They deposited it in my account anyway, without my authorization. This has cost my wife and myself alot of personal finanancial confusion/hardship along with unfounded harassment and anguish, to this day. I want justice served and the only way I can think of to do this is in a possible recording(of which they do) of me saying "No". If my approach to this seems futile to you, then any alternative ideas will be greatly appreciated. Thank you very much for your time.
Submitted: 1 year ago.
Category: Legal
Expert:  BizAttorney replied 1 year ago.

BizAttorney :

Good evening! I can help you out with your legal question tonight. The only way you can find out for sure is to subpoena the records and recordings of US Fast Cash. Usually in order to subpoena documents or recordings, you need to bring a suit. Since the amount is so small, you could file a small claims action.

BizAttorney :

Then you can subpoena the records and present your evidence to the court.

BizAttorney :

I would suggest filing an affidavit of the steps you took once you found out the money was in your account (called them, emailed them, called your bank etc.) Any of your efforts that you can document, showing you tried to remedy US Fast Cash's error would be beneficial to you in a small claims action.

BizAttorney :

The judge is likely going to want to believe you since you are the one harmed. So you just need to give the judge enough evidence so he/she can rule in your favor.

Customer :

This is not the answer we were hoping for. Although, you have given us some information as to what direction we should be heading in. It's not satisfactory and please give us back the deposit please.

BizAttorney :

I see you rated my answer as bad service, did you have follow up questions? You asked how to get the call and I said you needed to subpoena it, which is the only way to get it legally if they won't give it to you.

BizAttorney :

I'm here to help, but I need to know what answer you are looking for?

BizAttorney :

What exactly did you want to know?

BizAttorney :

The only question I can see you asked is how to find out if a call was recorded? What more did you want to know? I would be happy to help.

Customer :

Unfortunately, the reason why I said that this is unsatisfactory is becuase you haven't taken into consideration that we live in Arcata, CA and I'm not sure where US Fast Cash is. Also, you haven't told us, because this is a major corporation, what to do if this business refuses to give us an affadavitt? A big corporation is not going to hand an affadavitt because we ask for it.

BizAttorney :

Thank you for asking your follow up questions. I can answer them for you, but didn't know that was your concern. Firstly, the headquarters for US Fast Cash is

USFastCash

Phone: (XXX) XXX-XXXXXax: (800) 803-87963531 P St NW, Miami, OK XXXXX-XXXX;

BizAttorney :

You can bring a suit and then serve them in OK.

Customer :

You know you should really change your statement. You can't just assume that people will give you a positive rating. Ask only for a rating. Unfortunately, you don't get a positive raing from us. Give us back our deposit!!!!!!

BizAttorney :

To answer your second question, when you subpoena a company for a recording, it is the Court's order, not yours. So they would be defying a court's order if they fail to produce it, which could result in penalties and even jail time.

BizAttorney :

I'm trying to help you.

Customer :

I thnk we are done. Stop trying to earn your fee.. It's not going to happen!!!!

BizAttorney :

I'll opt out and let another expert try and help you. I don't think we are getting through to each other.

Expert:  Hannah-cssm replied 1 year ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at XXXXXXX@XXXXXXXXXX.XXX and provide us with your email address and a link to this question page so that we can help you. (http://www.justanswer.com/law/7pzkq-find-lender-s-fraudulent-conversation.html).

Thank you,
The JustAnswer Customer Support Team

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