To sue the customer, what are the costs, what would you advise?

Question

Law in IT

Hello experts!
I have in my hands the original contract and a signed act of acceptance of work performed, with blue seals. There is an advance payment of 50%, but the rest of the payment is in trouble, the customer does not want to give it back. I posted the site on the host, for demonstration, I assume that it was copied.
I plan to sue. What would you advise / say about this, what costs should I expect if I don’t win?

Answer 1

And the work performed is different and the executed documents are different and the customer is different, and the amounts are different, it all depends on.
It would be better to talk to a lawyer in your city in your country.
A half-hour consultation is not so expensive, and if you are not ready to pay for a consultation with a lawyer, you should not sue.

Answer 2

What is written in your contract about obligations, liability and violation of the terms of the contract by the parties? Read carefully and understand whether it is worth suing.
If the contract is wisely drawn up and you were not thrown at the stage of concluding the contract - if there is an act of completed work, the court will end in exactly 2 sessions. The court fee is included in the price of the claim. Lawyer fees are non-refundable.

Answer 3

Most disputes in court are quite simple. There shouldn't be any particular problems. Difficulties for non-lawyers arise more in formal moments.
It's easier to sue. But it's not a guarantee. The signed act does not prevent the customer from making claims regarding the quality or volume of work. But by default, if the act is signed and the result of the work is used (as can be seen from your comments), then he is obliged to pay.
Be sure to read the entire contract. Learn important things for yourself. Some of its conditions may well not comply with the law, but only a lawyer will see this. And look there jurisdiction. Did you work as an individual or as an individual entrepreneur? In the first case, there will be general jurisdiction, in the second, an arbitration court. It's hard to say which is better. In arbitration - more adequate and professionals. But there the party must prove everything itself and refer to the norms. In general jurisdiction, a physicist does not owe anything - the judge herself must understand the matter. Ideally, of course. Well, the specificity of the consideration of cases, depending on the jurisdiction, is also considerable.
There will be no costs other than postage and state duty (if you do it yourself). All this, if you win, you will recover from the other side. You can also recover the costs of a lawyer, but there are already all sorts of BUTs (for what exactly the costs, size, etc.). Examination is also an expense, but this is an infrequent matter. There must be a reason for it. Then yes, you will have to spend. But again, it is refunded in full. The fee calculator is available on the Court's website. Postage - two hundred rubles. You can file a claim by mail or online. It is not necessary to go to court.
In terms of time - according to the law, everything should end in three months from the moment the case is accepted for proceedings. This is if without delays, delays, examinations and other things. If the other party does not come, but is notified, there will most likely be only one meeting. This can also happen if the other side is clearly determined to drag out an indisputable case and came unprepared for the process (or, on the contrary, quite ready). But it depends on the judge. If there is an appeal, another two or three months from the top, taking into account the time limit for appeal.
Check who signed the act. General or someone by proxy?
Don't forget to send a formal complaint. Paper. With a description of the attachment and delivery notice.

Answer 4

• Find out the cost of services from a lawyer for your case/city/country.
  If the question is about 10-20-40 tr. IMHO it's not even worth trying. Faster "earn more."
  I think less than 100 tr. in general, you can not think about such things, it will be stupidly more expensive in time than all possible profits.

Answer 5

Read it.
Think about whether you need such hemorrhoids.
Will you be doing this .
Is it worth it?
And if you still think that "yes" - hire a lawyer.

Answer 6

I want the result - to look for a normal lawyer specializing in this area of ​​law.
Maximum independent actions before contacting a lawyer: will turn to the customer with a proposal to resolve the issue out of court.
Moreover, he will turn - this is not by phone or soap, but DOCUMENTARY. For example, by sending a registered letter with a description of the attachment and a return receipt.
From the practice of working in a company that provides legal and accounting services to a bunch of other companies from the holding: 90% of wins and losses in this kind of business disputes are due to a corny competent approach to document management. (quite in a popular way: more paper - cleaner well ...)

Answer 7

If you take such a step, then from the start - at your own expense.
And for your own interest - namely, in principle. When you go on principle, opponents tend to negotiate. If there is an act of acceptance of completed work, you can recover from it, and then if there are complaints about the work, this is already a different court, first you need to pay the customer for what he has already signed up for.
But then again, this is a game of principles and moral principles - if there is a desire to do this once, no matter what others would do, I would do it, but I would take into account that I would have to pay a monetary price for principles.

Answer 8

I agree with the speaker above. what is in the contract, what is the responsibility of the parties, what is the procedure for resolving disputes.
if the act of issuing works is signed, then demand through the court. Most likely, this is also spelled out in the standard contract.
damn, that's why I don't like freelancing, it's because they throw our brother right and left.
so that all scammers in hell in a frying pan forever fry!
sorry for the digression...

Answer 9

It is not entirely clear why,
having received a 50% prepayment, you did not give the results, but only demonstrated them on the left hosting .
I would also refuse to pay this.