There are two situations when someone else swipes a credit card. One is that the card is swiped without the consent of the cardholder, and the other is that the cardholder actively borrows the credit card. In different situations, the methods of evidence collection are different, and the results will not be the same.

1. If your credit card is stolen by someone else, you need to prove that the credit card is in your hand and that the transaction that occurred was not done by the cardholder himself.

Usually, you need to report the loss immediately after someone else swipes the card, and then bring the credit card to the POS machine to operate it at will. Because the card is passively frozen after the loss is reported, there will be a voucher for the wrong transaction, and you have to go to the local public security agency with the voucher. To report a crime, get a report receipt. Such a voucher + report receipt, plus details of card consumption, are very good proof.

Send these supporting documents to the credit card center. After verification by the risk control staff of the credit card center, the bank may compensate you. If compensation is not made, the cardholder can go to court. However, after winning the lawsuit, if the debt cannot be recovered, the stolen debt will be divided into 30% and 70%, and the cardholder needs to bear 30% of the repayment responsibility, because there is a credit card Poor protection, resulting in password leaks, etc.

2. The credit card is lent by the cardholder to others. Because the cardholder’s permission is obtained, it is difficult to obtain evidence.

Someone may retrieve the consumption records of other people’s credit cards, but it is actually of no use. In other words, from the moment a cardholder lends his credit card to others, he must be mentally prepared for others to swipe the card and not repay it. Even if the cardholder is not the one who swiped the card, he still has to repay the loan.

After all, the credit card is not stolen, but it is still a direct economic dispute between the cardholder and the borrower. The cardholder can sue the borrower to make him repay the money. No matter what the outcome of the lawsuit is, once the bill comes out, the cardholder must first repay it himself, otherwise the bank will collect it if it is overdue and affect his credit.

1. What is the crime of stealing other people's bank cards?

Stealing bank cards is an illegal act. Whether it constitutes a crime depends on the amount. If it is stolen and used, it is suspected of being theft. If you forge a credit card, or use someone else's credit card falsely (for example, if you pick up someone else's credit card and use it), you are suspected of credit card fraud (false use of a credit card when the amount reaches 5,000 yuan constitutes a crime). Article 196 of the "Criminal Law": Whoever commits credit card fraud under any of the following circumstances 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 if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of 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, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years or life imprisonment. , and be subject to a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

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

(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.