Legal analysis:

You can sue. You can directly file a civil lawsuit through the court, requiring the other party to return the credit card and pay off the overdraft amount and interest. However, it should be noted that it is difficult to obtain evidence. It is recommended to actively negotiate with the other party to return the debit card. If the other party uses your debit card after If they maliciously swipe away your deposits, you can ask the other party to return the corresponding money; if it persists for a long time, it is recommended to collect evidence of the other party's card use and file a lawsuit promptly, requiring the other party to repay the money and pay the corresponding interest. There is a process of collecting evidence for cases involving credit card borrowing and non-repayment, but one thing is certain, that is, the possibility of winning a lawsuit under such circumstances is low. If you need to prove that the credit card was borrowed, resulting in losses to the victim and has not been returned), you can first report the card as lost and then negotiate a settlement. If the negotiation fails, you can then sue. The first case of evidence collection is if someone steals the money without your permission and calls the police directly. You only need to prove that the credit card was not used by you. There are many ways. The best one is that the place where the credit card was used is in a different place from you. In the second case, the other party borrows the credit card as a friend. In this case, an IOU or borrowing instructions are required.

Legal basis:

"Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases" Article 2 When a lender files a private lending lawsuit in the People's Court, it shall provide an IOU , receipts, IOUs and other evidence of creditor's rights and other evidence that can prove the existence of a legal relationship between lending and borrowing. If the creditor's rights certificates such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the party holding the creditor's rights certificates files a private loan lawsuit, the People's Court shall accept it. The defendant raised a fact-based defense against the plaintiff's creditor qualifications. After review, the People's Court held that the plaintiff did not have creditor qualifications and ruled to dismiss the lawsuit.

Derived questions:

What are the components of a malicious credit card overdraft?

1. For the purpose of illegal possession; 2. If the amount exceeds the prescribed limit of 5,000 yuan or the prescribed period, the judicial interpretation generally means that it will not be returned for more than 3 months; 3. If the card issuer still refuses to return after collection; 4. Those who are unable to repay; 5. Those who subjectively do not want to repay at all and resort to absconding to avoid debts.