Concerning the issue of non-repayment of someone else’s credit card, what evidence is needed to prosecute. According to the provisions of Article 108 of the Civil Procedure Law, the plaintiff should be required to provide a written IOU; if there is no written IOU, the necessary factual basis should be provided. For example, a recording that can prove the facts of the case can be submitted as evidence, or a person outside the case can prove the case. If the facts are true, you can apply for witnesses to appear in court to testify.
If no evidence can be provided, it will be more difficult to win the lawsuit. In order to avoid causing losses to yourself, it is better not to borrow credit cards from others, whether it is relatives or friends, no matter how close the relationship is.
No matter who swiped the credit card but failed to pay it back, the bank will only record the credit card consumption in the name of the cardholder and hold the cardholder accountable. If a cardholder does not want an overdue credit card to affect their personal credit and have other serious consequences, it is best to pay off the credit card debt swiped by a friend first, and then collect the debt from the friend.
There are two situations when someone else swipes a credit card:
First, the card holder is swiped without the knowledge of the card. In this case, the card holder can call the police. , after collecting evidence, the thief will be punished by law and must compensate the cardholder for their financial losses. As long as the fact of theft exists and evidence can be provided that the credit card has been stolen, the report will be useful. After all, credit card theft is a type of credit card fraud, which is illegal and will result in criminal liability. If the credit card has lost card protection, after the cardholder reports the loss of the credit card, any fraud that occurs during a certain period of time before the loss is reported will be compensated by the insurance company after verification.
2. If the cardholder actively lends the card to others for swiping, the police cannot be called. After all, others swipe the card with the cardholder's permission. Even if the cardholder does not swipe the card after others swipe the card, Litigation for repayment will not have much effect. After all, borrowing a credit card is an illegal act and violates Article 59 of the "Bank Card Business Management Measures" which stipulates that credit cards are not allowed to be rented or lent. It can be said that the cardholder made a mistake in the first place, which resulted in the consequences of his friend not paying back the card. Unless both parties sign a repayment obligation when borrowing a card, the court will order the person who swiped the card to repay after winning the case.