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Procedure for prosecuting theft of wife’s credit card

First determine the court with jurisdiction, and then submit the complaint and related litigation materials to the court. After confirming the filing of the case, the court will serve a copy of the complaint to the defendant, and then notify both parties of the time for the hearing. , let the other party prepare before the trial. Generally, if you encounter credit card fraud, you can call the police directly.

1. How to file a lawsuit if a credit card is stolen

1. Determine whether the court with jurisdiction over the lawsuit has jurisdiction. This is mainly determined by two methods: agreed jurisdiction and statutory jurisdiction. Both parties to the contract When the contract is signed, the court that may have jurisdiction over the litigation dispute may be selected, and the two parties agree on the jurisdiction of the court after negotiation. If the two parties have not agreed on the jurisdiction of the court, it shall be determined according to the statutory jurisdiction, which generally includes the jurisdiction of the defendant's domicile, the place of contract signing and the place of performance of the contract. Different types of contracts have different jurisdictions. The specific jurisdiction depends on the legal provisions.

2. Write a complaint, organize the relevant litigation materials, and file a lawsuit in court. You need a complaint, basic information about the original defendant and relevant evidence materials. If you have a litigation agent, you also need an agent. Identity information, existing evidence includes the contract and relevant materials for contract performance, and the originals are required. If certain materials are not original, have an attorney review them to see if they will affect the outcome of the lawsuit.

3. After the court debate, cross-examination and case filing, the court will send a subpoena and determine the court date. It will also exchange evidence materials between the original and the defendant, and conduct various aspects such as the authenticity and probative strength of the evidence in the court. For debate, new evidence can also be submitted.

4. After the court debate during the judgment taking effect stage, the court will conduct investigation and analysis, determine the facts of the case, and make a legal and reasonable judgment. If you have any objection to the judgment, you can file an appeal and request the higher court to make a judgment. . If your credit card is stolen, you can call the police directly.

2. Is it a crime to steal credit cards? It is a crime. Suspected of credit card fraud. Anyone who engages in credit card fraud and is suspected of one of the following circumstances shall be prosecuted: (1) Using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate, or using an invalid credit card, or fraudulently using another person’s credit card to commit fraud. Fraudulent activities, the amount is more than 5,000 yuan; (2) Malicious overdraft, the amount is more than 10,000 yuan. "Malicious overdraft" refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return the card for more than three months after being called upon twice. If the overdraft is malicious and the amount is more than 10,000 yuan but less than 100,000 yuan, all overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law. Whoever commits credit card fraud and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years. , and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years of fixed-term imprisonment or life imprisonment, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation. . Credit card theft is an illegal crime and is suspected of credit card fraud. The penalty for credit card fraud is generally less than five years in prison. When you encounter credit card theft in daily life, you can call the police directly. If you want to prosecute If so, a complaint and evidentiary materials need to be submitted to the court with jurisdiction.