请教钟律师,套用信用卡,骗取借钱不还,如何走司法途径追债

2019-07-18 21:48
Dear Uncle Chung,

I lent a singaporean my credit cards so that he can get discount when buy petrol. However, he used my card to pay a nighclub as he said that is entertaiment fee of his clients, and promise to return the money before bill due. He even write his signature on the back of my credit card which I donot know. Later, he do not pay back and said many reasons as later xx day can pay, but donot repay once and once again. He also owe me some other cash, I ask him to return my credit card and sign the IOU agreement to pay back all his loan in 1 month. IOU agreement as below:

I, xxx(the defendant name), NRIC xxx of xxx(his IC address),contact number xxx, acknowlege receipt of the sum of S$xxx being a loan given to me, at my request, from the creditor xxx(my name), my NRIC. I promise to repay this sum in full to her by xxx(due date). I furthermore acknoledge that I have no argument with said loan which were incurred by myself, and for which I am solely resposible. This also means that I acknowledge that there are no defences should said creditor decide to use this legal form in a court of law as a confession to judgment where legally permissible and I agree to pay any and all legally permitted charges such as legal fee and debt collector fees associated to the collection of the said loan.

Debtor's signature with fingerprint Witness signature (my mom besides me that day)

Last month, he give 4 cash cheque under his company name (he is the owner of that company). But all the cheque can not withdraw money when I go bank to withdraw. Now the pay due date on IOU is over 1 month, and from yesterday I can not contact him. So I went to his IC address, his parrents said he do not live there and also donot know where is he, and tell me this is not the first time he cheat money. I immediately report to police and provide all the evidence (his company cheque, IOU, and my credit card (with his signature on back).Now police officer is investigating.

My question are:
1. In your view, this case is cheating criminal or is civil case that should sue him on civil court? The amount on IOU is not low.
2. You see my IOU, is it a strong evidence? or have defects?
3. If the person still cannot be contacted, how should I do. The court can sentence without defendant?
3. Even the court sentence him to pay me, but can not find him, how the sentence be operated? He said he has properties but not sure whether is truth.If he become bankrupt, how can I get back my money?

Appreciate your advice! Please give me some idea, and I would like to visit you if possible.

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2019-07-18 21:48

房雄辉

Reply from Uncle Agony
Personal credit card are as the name suggest for personal use. By knowingly allowing a third party to use a credit card you might already be considered an accessing to fraud. Be that as it may you can commence civil proceedings against the debtor based on the IOU. What we have here is a civil matter. Between the two of you there is no criminal issues. You do not have to have his current whereabouts for you to commence proceedings or subsequently enforcement proceedings against him.