What legal remedies do I have if my credit card is stolen and used by someone else?
If your credit card is stolen and used, you have multiple legal remedies. First, the thief bears criminal liability. According to Article 196 of the Criminal Law of the People's Republic of China, stealing a credit card and using it constitutes credit card fraud, with penalties ranging from fixed-term imprisonment to life imprisonment depending on the amount involved.
Second, you can seek civil compensation. You may file an incidental civil lawsuit during the criminal proceedings against the thief to recover economic losses like unauthorized transaction amounts and related fees. Additionally, if the bank failed to fulfill its security obligations—for example, not blocking the card promptly after your loss report—you can claim compensation from the bank under the Credit Card Business Management Measures and relevant judicial interpretations.
Practical suggestions: 1. Keep the police report and all transaction records as evidence. 2. Contact the bank immediately to freeze the card and dispute unauthorized transactions. 3. Consult a lawyer if you need to pursue civil claims against the thief or negotiate with the bank. 4. Follow up with the police regularly on the investigation progress.
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