05Evidence A

If your card is fraudulently used, report it and freeze the card first, then demand compensation from the bank: proving “you made the transaction” is the bank’s responsibility

If someone fraudulently uses your card, you don’t have to prove “this wasn’t me.” Instead, it’s the bank’s duty to prove the transaction was made by you. If they can’t, they must compensate you. This only applies if you report and freeze the card right away. Delaying this step means you’ll bear any additional losses that occur afterward.

Cost

No cost at all. As soon as you notice anything suspicious…

Benefit

Supreme Court rulings clearly define who must provide evidence. If you claim the transaction resulted from cou…

Cost

No cost at all. As soon as you notice anything suspicious on your card statements, immediately report it and freeze the card. Keep all records: police reports, freeze confirmations, and transaction notifications from the bank. If the card is still in your possession, make a small inquiry or deposit nearby to create a record proving you had the card with you at the time of the fraud. The hardest part is resisting the urge to argue with customer service first — always freeze the card first.

Benefit

Supreme Court rulings clearly define who must provide evidence. If you claim the transaction resulted from counterfeit card fraud or online fraud, you must first gather proof — such as official legal documents, records showing where the card was physically located at the time, transaction logs, notifications, police reports, and freeze confirmations. Conversely, if the issuing bank or any third‑party payment service insists the transaction was authorized by you, they must produce evidence to support that claim. If, after you notify the bank, it fails to verify the transaction promptly or to preserve transaction records and surveillance footage, the bank bears the consequences of lacking proof. Once proven, debit‑card holders may demand full reimbursement of stolen funds plus compensation for any losses; credit‑card users may request a refund of all unauthorized charges, interest, and penalties, and courts will reject any demand that the cardholder repay those amounts. You may also ask the bank to promptly remove any resulting negative credit entries (effective 25 May 2021).

Original sources

最高人民法院 (2021). 关于审理银行卡民事纠纷案件若干问题的规定(第四、五、七、十四、十五条). https://www.court.gov.cn/fabu/xiangqing/304771.html

Open source link
Book note

There are two situations where you remain liable. First, if you fail to protect your card, PIN, or verification codes — in other words, if you neglect your duty to safeguard them — you’ll bear part of the loss. Keep your PIN secret and never share verification codes (see Item 1; two‑factor authentication via phone alerts is preferred). Second, if you delay reporting and freezing the card, any extra losses incurred afterward are your responsibility. Hence, the very first step is always to freeze the card — don’t waste time arguing with customer service first. These rules also apply to third‑party payment services. If such a service advertises “immediate compensation” with clear terms, you may demand payment from them. If you were tricked into transferring money, that falls under a separate procedure; see Item 8.2: call 110 or 96110 immediately to request a stop‑payment order.

My note