Others used my ID card to guarantee the loan, but I didn't sign the guarantee contract myself. Does such a guarantee contract have legal effect?

If the ID card is invalid, it may be lost and used by criminals to commit illegal and criminal acts. If I use my ID card to guarantee the loan without my knowledge, I will call the police in time. Generally, signing a guarantee contract requires the applicant to personally sign and press his fingerprint, and he is fully aware of the guarantee content. Only when he expresses his true will can it be valid, otherwise it will be invalid.

My ID card was used by someone else. Do I need to take responsibility?

First of all, answer directly.

If my ID card information is stolen by others and I get a loan, I don't have to bear the repayment responsibility. After all, I didn't apply for a loan.

Second, the specific analysis

If the institution/platform borrowed by the other party finds itself according to the information left by the other party, it can directly explain the situation to the institution/platform, so that the institution/platform can find the person who defrauded the loan to pay back the money.

However, if the lending institution/platform ignores its own explanation and continues to make dunning, it can also report the institution/platform to the local CBRC or China Internet Finance Association to safeguard its legitimate rights and interests.

If the dispute is really unclear, you can also bring a lawsuit to the local people's court.

Also, if your ID card information has been stolen by criminals, causing a lot of losses, you can also report it to the local public security department.

You'd better keep your ID card in case you lose it.

Don't give personal information to unfamiliar strangers easily. When relatives and friends want ID cards, they should ask each other what they want, so they must be careful.

There are many online loan big data systems that can provide online loan records, which can be found: Beijian Quick Check. You can query important data information such as online loan application record, application platform type, overdue, overdue amount, credit card and online loan credit estimated amount.

3. Can I sue if my ID card is fraudulently used by others?

If your ID card is stolen by others, you can go to court to sue.

Because I didn't apply for the loan personally, I don't have to bear the repayment responsibility in the face of the dunning from the lending institution/platform, but I didn't handle it properly with the lending institution/platform, so I might as well take legal measures to solve it naturally.

In addition, you can also report to the local CBRC or China Internet Finance Association.

Of course, if it is a settlement with the lending institution/platform, and the other party no longer asks for dunning, and it has not caused any losses, then there is no need to go to court for prosecution.

However, you must take good care of your personal information afterwards and be careful not to be stolen by others.

Also, when you receive a dunning message/phone call from a lending institution/platform, if you don't know whether you have applied for a loan, you can check the personal credit report (big data) first, and don't pay back the money until you confirm that the loan is really your own application, so as to avoid personal money damage.

What should I do if my ID card is fraudulently used by others?

If someone fraudulently uses information loans, it is recommended to call the police to protect rights, and the possibility of personal information being stolen is not ruled out. Notify banks or financial institutions to contact them; Bring a lawsuit to the people's court to safeguard their legitimate rights and interests. The relevant provisions of Article 193 of the Criminal Law shall apply to those who issue loans in the name of others and are suspected of loan fraud. Article 193 The crime of loan fraud involves defrauding a bank or other financial institution of a loan for the purpose of illegal possession under any of the following circumstances. If the amount is relatively large, he 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 particularly 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 his property shall be confiscated: (1) fabricating false reasons such as introducing funds and projects; (two) the use of false economic contracts; (3) using false documents; (four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral; (5) obtaining loans by other means.

What if I sign an IOU in my name without my knowledge?

Without my knowledge, I signed an IOU in my name. The handling method is as follows: someone doesn't know. Loan with the customer's ID card. In this case, the party concerned should report the case immediately. It is illegal to borrow money by using someone else's ID card. So the parties must report the case. Because there are too many loans. Then if you don't return it, whoever uses the ID card will be responsible. At the same time, we should actively collect relevant evidence to prove that we really don't know, otherwise the civil dispute between the parties and the lender should be handled through civil litigation. According to the relevant laws and regulations, anyone who commits one of the following acts shall be fined between 200 yuan and 1,000 yuan by the public security organ, or detained for less than 10 days. If there is illegal income, the illegal income will be confiscated: 1, using other people's identity cards falsely or using fraudulent identity cards; 2. Buying, selling or using forged or altered resident identity cards. Forged or altered identity cards and fraudulent identity cards shall be confiscated by public security organs.

Article 110 of the Criminal Procedure Law of People's Republic of China (PRC)

Any unit or individual who discovers criminal facts or suspects has the right and obligation to report to the public security organ, the people's procuratorate or the people's court. Victims have the right to report and accuse criminal facts or criminal suspects who infringe their personal and property rights to public security organs, people's procuratorates or people's courts. Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department. Where a criminal surrenders himself to a public security organ, a people's procuratorate or a people's court, the provisions of the third paragraph shall apply.

Article 1 1 1

Reports, complaints and reports can be made in writing or orally. The staff who accept the oral report, complaint or report shall make a written record, which shall be signed or sealed by the informant, complainant and informant after being correctly read out. The staff who accept the complaint and report shall explain the legal responsibility of false accusation and frame-up to the complainant and informant. However, as long as it is not fabricating facts and evidence, even if the facts of the accusation and report are different, or even false accusation, it should be strictly distinguished from false accusation. Public security organs, people's procuratorates or people's courts shall ensure the safety of informants, complainants, informants and their close relatives. Informants, complainants and informants who are unwilling to disclose their names and report, accuse and report their acts shall keep them confidential.