What should I do if my credit card is maliciously overdrawn by someone else?

The bank will look for you to repay the loan. Because the credit card use contract expressly stipulates that the credit card cannot be lent to others, and any losses incurred will be borne by the individual.

If the cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the issuing bank, it shall be deemed to be a violation of Article 190 of the Criminal Law. "Malicious overdraft" as stipulated in Article 6.

The Supreme People's Court and the Supreme People's Procuratorate jointly issued a decision that starting from December 1, 2018, malicious overdrafts of more than 50,000 yuan and less than 500,000 yuan on credit cards will be deemed as malicious under the criminal law. Overdraft credit card "large amount".

Types:

1. Frequent overdrafts. Cardholders repeatedly withdraw cash from credit card branches that are very close to each other at a very high frequency, accumulating a small amount of money and occupying a large amount of cash in the bank in a short period of time.

2. Multi-card overdraft. Cardholders apply to multiple banks and open multiple accounts. The cardholders repay old overdrafts and develop multiple debts, resulting in inability to repay.

3. Overdraft in another place. The communication equipment used by cardholders in my country is still underdeveloped, information on cash withdrawals from other places cannot be summarized in time, and "emergency stop payment notices" are difficult to be delivered in time. As a result, crimes are committed across the country and wanton overdrafts are committed.

4. Collude with each other to overdraft.

First, cardholders cross each other and provide chain guarantees, applying for credit cards at different banks for overdrafts.

The second is that cardholders and staff of special merchants collude with each other to obtain bank funds through fake purchases and other methods. Third, cardholders colluded internally and externally with bank employees to use credit card overdrafts.

Extended information:

According to the "Criminal Law of the People's Republic of China":

Article 196 Credit Card Crimes

< p>Whoever engages in credit card activities under one of the following circumstances and the amount is relatively large shall be sentenced to 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, the penalty shall be not less than five years but not more than ten years, and a fine of 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 ten years, or a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscated:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

When the collection of malicious overdrafts by the card-issuing bank fails, in addition to immediately stopping the payment, the guarantor should also be contacted as soon as possible to require it to perform its guarantee obligations when due.

If the guarantor refuses to perform its guarantee responsibilities, judicial channels should be used to resolve the matter. my country's "Criminal Law" stipulates malicious overdraft behavior as a type of credit card crime, and its constituent elements are:

1. The cardholder is a legal cardholder. If it is stolen or fraudulently used another person's credit card, it constitutes , The act of fraudulently using someone else's credit card does not constitute a malicious overdraft;

2. The cardholder's subjective aspect is direct and intentional, and has the purpose of illegally occupying bank funds;

3. Objectively, the cardholder has committed malicious overdraft behavior, causing economic losses to the card-issuing bank;

4. The cardholder still refuses to return the money after being called by the card-issuing bank, and the amount is large or the time is long enough to reach criminal penalties. of.

For malicious overdraft behavior that meets the above-mentioned constituent elements, in accordance with the relevant provisions of our country's "Criminal Law" and "Criminal Procedure Law", the public security agency can file a case for investigation, and the procuratorial agency can initiate criminal proceedings against the people.

Pursue the criminal liability of malicious overdraft perpetrators. For those who do not meet the above-mentioned criminal act constitutive elements, a civil lawsuit can be filed in accordance with the relevant provisions of my country's Civil Law and Civil Procedure Law to pursue the civil liability of the malicious overdraft perpetrator.