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Court with a freelancer. Prospects?
Hello.
I agreed with a freelancer to complete the work in 7 days, I paid him an advance payment of 50% - 4000 rubles. on the 8th day of work, he stopped responding to messages and disappeared, showed up after 2 weeks, says they attacked, they took away the money, the phone was la la poplar, he seemed to agree to return the money, but after a "couple of days", he got angry at my answer that I would not wait for anything , began to be rude and blocked me on Skype)))
All correspondence went on the freelance ru website and on Skype, I transferred money from the card to the freelancer's Yandex wallet, the freelancer recognizes the fact of receiving money in Skype.
A person will not return money voluntarily.
Tell me, what are the prospects for such a case in court and how best to proceed?
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If you don't have a contract, you don't have legal leverage. A freelancer does not owe you anything from a legal point of view, and it is unlikely that you will demand anything from him in the event of a lawsuit. The cost of legal proceedings will be more than the expected profit.
Chet tells me that the order was ala "Create a turnkey online store for 8000r", and he was given to a freelancer without feedback. If so, did you understand what you were getting into? The risks were clear.
Let's be honest. If you add up the time spent by people here on comments and translate into rupees, there will already be more than 4 thousand in equivalent.
What are we talking about, what kind of court. The perpetrator is certainly wrong, but you are the victim of your own actions.
Prepayment only after "pre-work"!
Shoot him a profile on a freelance exchange.
It will do him much more harm.
The court is too hemorrhoid because of such a sum.
Troll hard.
IANAL. TINLA.
> Tell me, what are the prospects for such a case in court...
(vanga-mode +1)
The defendant will return your prepayment as soon as he receives the summons.
(vanga-mode -1)
But I absolutely did not understand, but how are you going to sue him at all? Do you know its coordinates?
> I transferred money from the card to the Yandex wallet of freelancer
A! I mean the so-called. "professional" wallet? That is, Yandex leaked the owner's coordinates to you?
If not, then you are not going to court, but to the police - with a statement about fraud.
It's called saving. Now seek to block his profile. And next time, don't get fooled by empty accounts (or full of small things "for a review") and dumping.
and where does the court have to do with the
usual fraud
statement to the police
Oh, you are not the first, you are not the last. There was once a similar story. In my opinion, the best thing to do is to complain about the artist on the site freelance.ru - you see, his account will be blocked. Litigation is hardly a worthwhile affair - in my opinion, spending several days of time arguing in court for the sake of 4 thousand rubles. - dubious pleasure.
You don't need to go to court. Write a statement. As soon as he receives a notification or a call from the authorities, he will contact you and beg you to take your money back, and the site will also do it for free
This is not a matter for the court to decide. Here you need to file a complaint with the Ministry of Internal Affairs on the fact of fraud.
The prospect you only have to think with your head and not give more than 30% prepayment in the future. In general, now many people can do a project without prepayment (he worked like that himself, he never threw it). I recommend that you learn to immediately distinguish between those who will not work and those who plan to. Well, as they already said here, no one wants to mess with your pennies. Such matters are dealt with personally.
I think in any case it is necessary to understand. And try to punish the scammer. The fact that he threw it is a fact. Anything can happen in life and normal people get cut and can’t do something due to circumstances or force majeure, but they always return the prepayment without hysteria and, if a person is really normal, they usually add a small penalty or a gift when it comes to offline relationships. And to stay in silent suckers-Buddhists is a loss of self-respect. Let not all, but a small part for starters. And when such small episodes accumulate in one big pile, it will have a long-term negative effect, the consequences of which will obviously come out more than 4,000 rubles.
It is best to go and write a statement to the police in which, without hysterics, describe in detail what happened, not forgetting to list all the facts that will help the investigation of the criminal case (and it will most likely be initiated under the article "fraud"). Write the application in the name of the precinct. Will not accept whisper to him one magic word - "Prosecution". For the current cop class, shaking for their fat grubs, the word "prosecutor's office" is like "sim-sim open" for Ali Baba.
zs Just do not arrange amateur performances. And then you yourself will fly under such definitions as "blackmail", "slander", "extortion". Moreover, your throwing is most likely a broken fraer.
start working with freelance admins
do you have chat logs ?
complain about it to the admins of the freelancing and immediately write a statement on public services about fraud
The wallet number of such a "freelancer" can be sent to the Yandex.Money support service: https://yandex.ru/support/money/issue/other.html.
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