Asset Forfeiture Laws

[Timsup2nothin]

I have one annoying gas station that doesn't ask and assumes credit. Everywhere else the machine either asks 'debit or credit,' or the reader assumes debit.

 

[rah]

My annoying one also asks if it's a rewards card and then if you want a car wash. There are many early mornings where I've had to start over.

 

[EgonSpengler]

Justice Thomas of the U.S. Supreme Court wrote a sort-of-opinion on the subject of civil forfeiture laws in Leonard v. Texas last Spring, even as he concurred with the denial of the petition on technical grounds (the petitioner tried to skip the Texas Court of Appeals and go straight to SCOTUS). I guess he felt compelled to air his feelings. I nearly fell out of my chair on reading that Justice Thomas and I more or less agree on something.

These forfeiture operations frequently target the poor and other groups least able to defend their interests in forfeiture proceedings. Perversely, these same groups are often the most burdened by forfeiture. They are more likely to use cash than alternative forms of payment, like credit cards, which may be less susceptible to forfeiture. And they are more likely to suffer in their daily lives while they litigate for the return of a critical item of property, such as a car or a home.

 

[warpus]

Unfortunately all I have is personal experience. A buddy of mine had some money confiscated and he got it back in about 2 months. But as I said, he jumped through some hoops. Not proof by any imagination but at least one example that doesn't match what's written on the internet.

Yeah it does appear to be juristiction specific. I guess what usually makes it to online forums are the horror stories. Still though, there appear to be plenty of those. I would never come to the U.S. with more than $200 in my pocket.

My experience suggests that the key word there is "debit." I can use the same card at the same store, and when "type of card" comes up if I choose "debit" it asks for a PIN, if I choose "credit" it asks for my zip code.

Don't you have a debit card that's tied to your chequing account, and a separate credit card.

It's weird that they're not making you enter a PIN if you're using a credit card. I guess it's not a requirement in your state

 

[rah]

I do have a debit card tied to my checking and separate CCs but I have never used the debit card in anything other than my banks atms because using a CC limits how much I can be taken for, but my debit card could take me for worse without the same protections so there's no way I'm ever using it anywhere it might be hacked or stolen.

 

[Cutlass]

I refuse to use a debit card. My ATM card could maybe be used that way, but I'd never use it for anything other than an ATM card. All other purchases are credit cards.

 

[Timsup2nothin]

Don't you have a debit card that's tied to your chequing account, and a separate credit card.

Well, no, on both counts. I actually only use cards when I'm running other people's errands, and I use their cards. But many of them are credit/debit cards and can be used either way.

 

[hobbsyoyo]

If you're not a criminal and they picked you up for an unrelated offense, you'll get it back, but you'll have to jump through a few hoops.

Your friend was lucky. Many, if not most, people do not get their money back.

My experience suggests that the key word there is "debit." I can use the same card at the same store, and when "type of card" comes up if I choose "debit" it asks for a PIN, if I choose "credit" it asks for my zip code.

Some of my cards are debit. Some are credit. Invariably, the machine doesn't ask either way and just approves it without a pin or zip.

 

[Timsup2nothin]

Your friend was lucky. Many, if not most, people do not get their money back.

Some of my cards are debit. Some are credit. Invariably, the machine doesn't ask either way and just approves it without a pin or zip.

Well, the machine knows what kind of card it is dealing with if it is a single purpose card. Do you not have any combined debit/credit cards? I see them all the time.

 

[hobbsyoyo]

My debit card can be run as either. The machine runs them all as credit, without asking for a pin.

In any case, that's not the point. The security feature is only as effective as it is advertised to be if a pin is used even if its run as a credit card. Yes, debit cards have pins by default. The new system was meant to enforce pins for all card types.