What if someone steals my identity and overdraws my credit card?

If it is found that others use their ID cards to handle credit cards, they should promptly feed back the information to the issuing bank, asking the bank to deal with it immediately and call the police if necessary. The embezzler constitutes credit card fraud.

If the identity card is stolen by others, the credit card is successfully handled in the bank, and the bank fails to fulfill its review obligation, it shall bear the main responsibility for the consequences.

People's Republic of China (PRC) Commercial Bank Law

Article 7 Commercial banks should strictly examine the credit standing of borrowers when conducting credit business, so as to ensure the timely recovery of loans.

Article 35 A commercial bank shall strictly examine the borrower's loan purpose, repayment ability and repayment method.

Extended data:

criminal law

Article 196 Whoever commits credit card fraud under any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

(2) Using an invalid credit card;

(3) Fraudulent use of another person's credit card;

(4) malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management.

Article 5 Anyone who uses a forged credit card, a credit card fraudulently obtained with a false identity certificate, an invalid credit card or another person's credit card for credit card fraud shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law.

If the amount is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 500,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.