Second, the ID card and bank card were stolen by others, took the online loan and took the money away. Then the nature of this matter became a theft. As a victim, he is not the actual loan applicant and 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 need not pay back the money. However, there is another factor that will affect your specific way of safeguarding rights. Did the online loan company sue him for repaying the loan principal and interest?
If the online loan company has not filed a lawsuit, it is best to report the case to the police immediately, and the public security organ will file 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 sued you to the court. 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's fraudulent use, and ask the court to determine that you are not a qualified defendant in this case.
While actively responding to the lawsuit and claiming their 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 or must conduct administrative litigation in the name of the defendant. Qualified defendant refers to the qualification of being a defendant in a specific lawsuit in his own name.
Second, how to reissue the identity card According to Article 12 of the Identity Card Law, if a citizen applies for a resident identity card, the public security organ shall handle it in time in accordance with 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. Applicants bring their household registration book to the local police station 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 there is no obvious distortion.
3) Charging standard: If the second-generation resident ID card is lost or damaged, the handling fee will be charged to 40 yuan.
4) Time limit for obtaining a permit: After the police station accepts the application procedures for resident ID cards, it will issue new cards to citizens within 60 days.
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: NPC Law (1)
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: NPC Law (1)
Article 17 Any functionary of a public security organ who engages in malpractices for personal gain in the implementation of these Regulations and infringes upon the lawful rights and interests of citizens shall be given administrative sanctions. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.