The risks arising from borrowing need to be borne by yourself. We can negotiate first. If you don't return it to you, you can report the loss, so your friend can't use it. You can ask your friend to pay back the money you owe your credit card. If you refuse to return it, you can pay him back. It should be noted that there must be evidence to prove that your friend swiped the credit card. Article 140 of the Payment and Settlement Measures stipulates that credit cards are only used by legitimate cardholders, and cardholders are not allowed to rent or lend credit cards and their accounts.

legal ground

Article 140 of the Payment and Settlement Measures: Credit cards are only used by legitimate cardholders, and cardholders are not allowed to rent or lend credit cards and their accounts.

What if I lend my credit card to someone else and don't pay it back?

If the user lends the credit card to others, and the other party refuses to repay the credit card debt, the responsibility for repayment shall be borne by the credit card holder, and the bank will recover from the cardholder. If the amount owed is not much, users are advised to pay off the credit card debt first, and then contact the borrower to return the debt.

If the amount owed is large, and the other party insists on not paying back the money, the user can take a civil lawsuit to ask the other party to pay off the overdraft amount and interest (pay attention to collecting relevant evidence, such as the chat screenshots of the two parties agreeing to borrow the card, the card usage records of the other party, etc.). ).

Customers are advised to think carefully before lending their credit cards to others. After all, the Measures for the Administration of Credit Card Business clearly stipulates that credit cards are only used by legitimate cardholders, and cardholders are not allowed to rent or lend credit cards and their accounts. Therefore, it is illegal to lend a credit card to others, and all the consequences arising from renting, transferring and lending a credit card can only be borne by the cardholder himself.

Debit process:

1. Prepare civil litigation.

2. Go to someone with jurisdiction and submit relevant evidence.

3 in accordance with the people's notice to attend and participate in litigation activities on time.

4. Anyone who refuses to accept the judgment or ruling of first instance shall appeal to the people who tried the case or the people at the next higher level within 15 days after receiving the judgment or 10 days after receiving the ruling, and submit an appeal.

What if I lend my credit card to someone else and don't pay back the money? Urgent! ! !

If a credit card is lent to others for use and others fail to repay it, the credit card holder shall bear legal responsibility. If there is evidence that it was consumed by the other party, he can ask the other party to repay it. If there is no evidence, you can only bear the responsibility for repayment and refuse to repay. If the amount is large, it is suspected of credit card crime.

Provisions on credit card crime in China's criminal law

Article 196

Credit card crime, under any of the following circumstances, involves credit card activities, and if the amount is relatively large, it 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

(2) Using an invalid credit card;

(3) Fraudulent use of another person's credit card;

(4) malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the 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. "

Extended data:

Cases of lending credit cards to others for malicious consumption;

With the development of economy and society, credit card consumption brings convenience to people, but it is also easy to cause some problems. I lent my credit card to a kind friend, but it led to an unjust enrichment economy and asked me to "pay the bill" for it.

Recently, the people of Dali City, Yunnan Province tried a credit card economic case by summary procedure, and sentenced the defendant to return the plaintiff's unjust enrichment economic loss of 50,000 yuan.

Yang did not expect that after he kindly lent his bank credit card to a friend, it would lead to an economy. Zhao is a friend of Yang. After Yang borrowed his credit card, Zhao used the card to spend 50,000 yuan.

When the credit card repayment expired, Zhao was unable to repay, so he asked his friend Li to help him find someone to repay and handed the credit card to Li. Li found a couple in China to negotiate and asked them to help pay back the credit card 50 thousand yuan first. After repayment, a couple in China can withdraw money by credit card.

2065438+On May 22nd, 2005, Mr. and Mrs. Hua deposited RMB 50,000 into Yang's credit card through mobile banking transfer. Yang reported the loss of his credit card on the day he received the text message, which caused a couple in China to be unable to use the card on the POS machine the next day.

After trial, the court held that the defendant Yang owed money after lending his credit card to others, which caused the plaintiff Hua and his wife to deposit 50,000 yuan into Yang's credit card and could not return it, which was unjust enrichment. Defendant Yang Moumou obtained improper benefits of 50,000 yuan, which caused losses to the plaintiff, and should return the obtained improper benefits to the plaintiff who suffered losses.

The judge reminded that if there is no legal basis to obtain improper benefits and cause losses to others, the improper benefits obtained should be returned to the person who suffered losses. Bank cards and credit cards involve personal direct economic interests, so they should be properly kept and should not be easily lent to others.