When you find that your credit card has been fraudulently used by others and has generated outstanding debts, you should take immediate action to safeguard your legitimate rights and interests. Reporting a case is one of the important steps. You can seek the help of the police, track down the suspects and investigate their legal responsibilities.
Before reporting the case, cardholders are advised to collect relevant evidence, including credit card transaction records, bank statements, SMS notifications, etc. In order to provide the police with a detailed description of the case. At the same time, the cardholder can also contact the bank to explain the situation and ask to freeze the credit card to prevent the loss from expanding.
When reporting a case, the cardholder should go to the report window of the local public security organ or report the case by telephone, and provide his identity information, credit card information and relevant evidence of fraudulent use. The police will investigate according to the actual situation and take corresponding legal measures.
In addition to reporting the case, the cardholder can also negotiate with the bank for solutions, such as applying for cancellation of outstanding debts or restoring credit records. However, this requires the police to report the case, investigate the case clearly, and determine the responsible party before further consultation.
To sum up:
When the credit card is used by others, the cardholder should immediately report the case and collect relevant evidence so as to provide the police with a detailed description of the case. At the same time, we should also contact the bank to freeze credit cards and seek solutions. After the police investigate the case clearly, the cardholder can negotiate a solution with the bank to safeguard his legitimate rights and interests.
Legal basis:
Criminal law of the people's Republic of China
Article 196 stipulates:
Whoever commits credit card fraud in any of the following circumstances, if 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 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 or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(1) Using a forged credit card;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
Criminal Procedure Law of the People's Republic of China
Article 109 stipulates:
When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.
People's Republic of China (PRC) Civil Procedure Law
Article 1 19 stipulates:
Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.