Current location - Trademark Inquiry Complete Network - Overdue credit card - What should I do if my credit card is cheated and I owe this money?
What should I do if my credit card is cheated and I owe this money?
Legal subjectivity: According to the provisions of the Criminal Procedure Law, if a credit card is used for fraud, the victim can collect evidence related to fraud, such as transfer records and consumption records; Then report the case to the public security organ, let the public security organ intervene in the investigation and investigate the criminal responsibility of the fraudster. I. What should I do if the credit card is defrauded? 1. If the credit card is defrauded, it can be handled in the following ways: (1) The victim can collect evidence related to fraud, such as transfer records and consumption records; (2) The victim can report the case to the public security organ. If the case constitutes a crime, the public security organ will intervene in the investigation, investigate the criminal responsibility of the fraudster and recover the victim's losses. 2. Legal basis: Article 11 of the Criminal Procedure Law of the People's Republic of China. Any unit or individual has the right and obligation to report to the public security organ, the people's procuratorate or the people's court if it finds criminal facts or criminal suspects. The victim has the right to report or accuse the criminal facts or criminal suspects who infringe upon his personal and property rights to the public security organ, the people's procuratorate or the people's court. Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. Those that are not under their jurisdiction shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent authorities. Where a criminal surrenders himself to a public security organ, a people's procuratorate or a people's court, the provisions of the third paragraph shall apply. Second, the performance of the crime of credit card fraud 1. Using a forged credit card The so-called forged credit card refers to a credit card made by imitating the texture, pattern, plate, pattern and magnetic stripe password of the credit card. The so-called use refers to the act of using forged credit cards to defraud other people's property for the purpose of illegally possessing other people's property. Including buying goods with forged credit cards, withdrawing cash, and accepting various services with forged credit cards. 2. Credit cards that have been abolished for the crime of illegal fund-raising by using invalid credit cards refer to expired credit cards, invalid credit cards, credit cards that have been declared invalid according to law and relevant regulations, credit cards that the cardholder stops using during the validity period of the credit card and returns the crime of illegal fund-raising to the issuing bank, and credit cards that have become invalid due to loss reporting. In addition, using invalid credit cards also includes using altered cards. The so-called altered card refers to an invalid credit card whose card number has been altered. These credit cards themselves were listed on the stop payment list because of the loss reporting or cancellation of illegal fund-raising, but after a certain number on the card was flattened, another new number was pressed to escape the blacklist search. Therefore, the altered card is also a kind of fake card. 3. Fraudulent use of another person's credit card refers to the act that a non-cardholder uses the cardholder's credit card in the name of the cardholder to defraud property. According to the regulation of credit card fraud in the crime of illegal fund-raising in China, credit cards are limited to legitimate cardholders and cannot be lent or transferred, which is also a principle generally followed by all countries. However, if the credit card and ID card are put together and lost with the crime of illegal fund-raising, it may create opportunities for the finder or thief to use it fraudulently. After obtaining someone else's credit card, these pickers or thieves may take advantage of the time difference before the cardholder discovers the loss, or take advantage of the stop payment management, take the crime of illegal fund-raising to impersonate the card owner, imitate the signature of the card owner, and go to credit card merchants or banks to shop for money or enjoy services. These are several common cases of fraudulent use of other people's credit cards. 4. Malicious overdraft refers to the act of allowing customers to withdraw money beyond the amount of funds in their accounts with the approval of the bank when the customers who set up accounts in the bank have no funds or insufficient funds. Overdraft is essentially a bank lending money to customers. The so-called malicious overdraft, according to the provisions of the second paragraph of Article 196 of the Criminal Law on the crime of illegal fund-raising, refers to the behavior that the cardholder of a credit card overdraws beyond the prescribed limit or time limit for the purpose of illegal possession and still refuses to return it after being collected by the issuing bank. The essential difference between goodwill overdraft and malicious overdraft is that the crime of illegal fund-raising lies in the subjective difference of the actors. Both of them have caused overdraft objectively, but the doer of goodwill overdraft subjectively has the intention of using it first and then paying it back, and then returns the overdraft and interest, while the doer of malicious overdraft takes the overdraft as his own for the crime of illegal fund-raising, and he doesn't want to repay it at all or is unable to repay it, and absconds from debt in his behavior. According to the provisions of the Criminal Procedure Law, if a credit card is defrauded, the victim can collect evidence related to the fraud, such as transfer records and consumption records; Then report the case to the public security organ, let the public security organ intervene in the investigation and investigate the criminal responsibility of the fraudster. Legal objectivity: Article 676 of the Civil Code of the People's Republic of China. If the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or relevant state regulations. Article 678 of the Civil Code of the People's Republic of China * * * The borrower may apply to the lender for extension before the repayment period expires; If the lender agrees, it can be extended. Article 667 of the Civil Code of the People's Republic of China is a loan contract in which the borrower borrows money from the lender, returns the loan at maturity and pays interest.