1. What should I do if my ID information is stolen by others?
First, the ID card and bank card were given to others for a certain business purpose, and the other party made an online loan without their consent. It depends on whether the online loan company itself has fulfilled its reasonable review obligations, which depends on the actual situation. If the online loan company fails to fulfill its obligations, it does not need to bear any responsibility.
Second, ID cards and bank cards were stolen by others, and they took the money with online loans. Then the nature of this matter becomes a case. As a victim, he is not the actual loan applicant, and he has no obligation and responsibility to repay the loan.
Although no matter what kind of situation you are in, he can take no responsibility and pay back the money. But there is another factor that will affect your specific way. Does the online loan company ask him to repay the loan principal and interest?
If the online loan company has not, it is best to report the case to the police immediately, and the public security organ will initiate an investigation to confirm that the actual online loan applicant is not himself, but someone else holds your ID card information. Don't worry, you won't take any responsibility when you get this evidence investigated by the public security organ.
If the online loan company has already sent it to you. Then you have to prove to the court that you have nothing to do with this loan case, that your identity belongs to someone else, and that you need to be tried to find out that you are not a qualified defendant in this case.
While actively responding to the lawsuit and claiming their own rights and interests, they should also call the police as soon as possible. After all, this is still a case of embezzlement and fraudulent use of someone else's ID card.
Qualified defendant is to solve the problem of who should be the defendant in a specific case, that is, in a specific case, according to the law, who can obtain or must carry out administrative litigation activities in the name of the defendant. A qualified defendant refers to the qualification to be a defendant in a specific lawsuit in his own name.
Second, how to reissue the ID card?
According to Article 12 of the Identity Card Law, when a citizen applies for a resident identity card, the public security organ shall handle it in time according to the regulations. The public security organ shall issue resident identity cards within 60 days from the date when citizens submit the registration form of resident identity cards; In areas with inconvenient transportation, the processing time may be appropriately extended, but the extension time shall not exceed thirty days.
Replacement procedures for second-generation ID cards:
1) Application steps: 1. The applicant brings his household registration book to the police station where the household registration is located to apply for a replacement of the second-generation resident identity card. 2. Carry out portrait collection and fingerprint collection. 3. Pay the fee, sign the registration form for issuing resident identity cards and leave the contact number. 4. Within the specified time for obtaining the certificate, the applicant will go to the police station with the certificate to receive the second-generation resident ID card.
2) portrait collection standard: the photo of the certificate is the applicant's bareheaded head, and there is no standard clothing. People who often wear glasses must wear glasses when taking pictures, so as to ensure that the portrait is clear and without obvious distortion.
3) Charging standard: If the second-generation resident ID card is lost or damaged, a certificate fee of 40 yuan will be charged.
4) Time limit for issuing certificates: The police station will issue new cards to citizens within 60 days after accepting the application procedures for resident ID cards.
Legal basis:
Regulations of the People's Republic of China on Resident Identity Cards
Fifteenth any of the following acts shall be punished in accordance with the relevant provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security:
(1) Refusing the public security organ to examine the resident identity card;
(2) Transferring or lending a resident identity card;
(three) the use of other people's identity cards;
(4) intentionally destroying another person's identity card. Relevant regulations: Article (1) of the National People's Law.
Article 16 Whoever forges or alters a resident identity card or steals a resident identity card, if the circumstances are serious, shall be punished in accordance with the provisions of Article 167 of the Criminal Law of People's Republic of China (PRC). Relevant regulations: Article (1) of the National People's Law.
Seventeenth public security organs in the implementation of these regulations, infringe upon the legitimate rights and interests of citizens, shall be given administrative disciplinary action, if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
What if someone else uses my ID card to get a loan?
Others can take the following measures to borrow money with their ID cards:
First of all, you should report the case immediately.
Secondly, actively communicate and negotiate with banks.
The first thing is to have the right to ask the bank to declare the contract invalid. In case it is lent out, the signature on the contract must not be your own. Keep the evidence, you can do handwriting identification. If the contract is signed by the bank in collusion with the lender, the lender has the right to ask the bank to declare the loan contract that the lender is unaware of invalid. Moreover, if the lender finds that his deposit has been deducted by the bank, he has the right to ask the bank to refund the deducted principal and interest. If a lawsuit is caused by the bank's refusal to return it, it should be treated as an infringement lawsuit.
Finally, banks can be required to eliminate bad records.
Bad credit record is a comprehensive evaluation of citizens' personal morality and reputation, which involves citizens' reputation. If the loan is made due to the loss of ID card, collusion between the actual lender and bank personnel, fraud and other reasons, and bad credit is generated, the lender has the right to ask the bank to eliminate bad records.
Article 233 of the Civil Code stipulates that if the property right is infringed, the obligee can solve it through conciliation, mediation, arbitration and litigation.
What will happen to me if someone takes my ID card to get a loan?
Legal analysis: Under normal circumstances, after the ID card is used as a loan by others, the consequences that individuals need to bear are as follows:
1. The loan did not appear.
Usually, others use their ID cards to borrow money without the owner's knowledge. After the loan expires, the bank will come to the door and ask the parties to repay the loan amount.
2. Debts and lawsuits.
If the owner of the ID card finds out that he is a "loan" rather than a "loan", there will be debts, and once the bank finds out, it will take the ID card holder as the defendant. Therefore, if you find that an individual is "loaned", you should choose to call the police at the first time;
3. Take the repayment obligation and take it back.
If the loan is not repaid in time, the bank will directly determine the owner. Usually, due to the lack of strong evidence, the owner of the ID card often loses the case. After losing the case, the ID card owner must first assume the obligation to pay off the debt. If it is not returned in time, the bank will recover the debt.
4. There will be a credit stain.
If the actual borrower fails to repay the loan on time, the credit stain will be recorded in the name of the ID card holder.
Legal basis: Law of the People's Republic of China on Resident Identity Cards
Seventeenth any of the following acts, by the public security organs fined two hundred yuan to one thousand yuan, or detained for less than ten days, illegal income, confiscate the illegal income:
Fraudulent use of another person's identity card or fraudulent identity card;
(2) buying, selling or using forged or altered identity cards.
Forged or altered identity cards and fraudulent identity cards shall be confiscated by public security organs.
Article 18 Whoever forges or alters a resident identity card shall be investigated for criminal responsibility according to law.
The introduction that ID cards are used by others for loans ends here.