If you have taken my advice elsewhere on this site, your bank account is already set up to alert you by text message whenever there is activity such as an ATM withdrawal. But what do you do when you get the dreaded message that a large unauthorized withdrawal has just been made on an ATM machine somewhere in China or elsewhere? Sadly, few victims know about an important defensive action to take at that moment that will increase the odds of prevailing in court if your bank, like many banks in China, refuses to refund the money that was stolen from you.

Court? Really? Yes. Unfortunately, Chinese banks may actually accuse you, the victim, of having given your card to someone else to use in the usually distant city where the theft takes place. “How do we know you didn’t take the money out yourself, or give the card to an accomplice to take it out? You’re trying to cheat us!” The bank sometimes won’t even cooperate by providing you the recorded images or video of the person who made the illegal withdrawal, or providing other forms of information they might have that would show this was a criminal act unrelated to you. It’s up to you to prove that you are innocent, without any help from them. What to do?

My advice is simple: the moment you get notice of unauthorized activity, RUSH to the nearest ATM machine, use the ATM card for the account that was just robbed, and make a deposit, a transfer, a withdrawal, or some other action. Stare into the camera monitoring the machine and make sure your face is visible. Your goal: create a record about the location of you and your card at that moment. For extra protection, hold up a sign with your name and the date, maybe holding your photo ID near the camera, and also show your ATM card before and after the transaction (perhaps unnecessary since it will be read and recorded, but this will verify that it’s an ordinary card you are using). The point is to create a record showing that you and your card were in your neighborhood very near the time of the theft, ruling out the possibility that you or your card was in, say, the backwoods of Guizhou province at the time. With this approach, one Chinese man recently successfully overcame the ridiculous defense of his Chinese bank in court and was able to have the judge demand that the bank reimburse him in full for the large unauthorized theft from his account. Just in case, take your card to another ATM machine from a different and do this again. Maybe it helps if one of the ATM machines you visit is associated with the bank whose account was hacked. Create at least two records. In the process, have someone take a photo of you on your camera as you are holding your card (maybe cover the last couple of digits with your fingers) and do that with a background that is easily recognizable (street signs, famous landmark, etc.) and then text it to someone you trust to create an electronic record. These forms of evidence may be helpful in proving your innocence so that the bank will be held accountable for allowing someone to hack your account.

There are thieves out there who use your scanned card and stolen PIN to make bogus duplicates and suck your money out. Sometimes money gets sucked out from your account with inside help from crooked employees. However you are robbed, be ready to swiftly create evidence that can help you in court. Further, defend yourself by using your card as little as possible. Every transaction could result in your data being given to thieves. Always shield your PIN entry. But even that won’t help when an ATM machine has been hacked and is sending data to a thief. Keep lots of cash on hand and use only a few trusted ATM machines in well monitored locations like inside banks to reduce the risk of using a bad machine.

Don’t let large amounts accumulate in your accounts, either. Diversity your resources and don’t risk losing everything if a bank goes belly up, an account is hacked, or you make a ridiculous mistake like leaving your card in an ATM machine and walking away while the terminal is still actively connected to your account (I know someone that happened to, and someone stepped in and just started helping themselves to their money).

One more thing: Be sure to call the bank and report the theft as soon as you’ve created the evidence you’ll need to show where you and your card were located. Hopefully they will work with you, but if you have to sue, it will take several months and once the award is ordered by the judge, they may still drag their feet for a few months. Sigh. One of the challenges of surviving China.