What evidence is needed to prove credit card malicious chargeback as fraud?
In China, malicious chargeback may constitute fraud under Article 266 of the Criminal Law if the amount is large (usually over 3,000 yuan). To prove it, you need evidence showing the customer had the intent to defraud—like proof of receipt (delivery signature, tracking), communication records where the customer admitted receiving the item but still filed chargeback, or previous similar behavior.
First, appeal the chargeback with the bank using all evidence. If that fails, report to the police (provide transaction records, delivery proof, communication logs). If the police accept the case, they will investigate. If the criminal case is not accepted, file a civil lawsuit for breach of contract or fraud to recover the loss.
Preventive advice: Keep detailed records of all transactions, deliveries, and communications. Use secure delivery with signature confirmation. Have clear return/refund policies to minimize chargeback risks.
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