A couple of years ago, I had a single court case. A man approached me, recommended by one of my clie…

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A couple of years ago, I had a single court case. A man approached me, recommended by one of my clients. To put it briefly, he signed a contract with a service provider who messed up (to be fair, it was the provider), failed to complete the work, and what was delivered was subpar. I took on this case because, in principle, I wanted to turn this rather interesting case, in my opinion, into a cool success story. There were many nuances, and I love that kind of thing 🤷️. The gist was that the case fell under the Civil Procedure Code (CPC) categories, while I am deeply rooted in consumer dispute law. I wanted to prove that this case fell under the consumer dispute category, even though the contract was between two individuals, but... the party acting as the service provider was, in fact, engaged in entrepreneurial activity without forming a legal entity 🫤. All my colleagues told me it wouldn't work via the consumer dispute route, only CPC as unjust enrichment, but I still stood my ground — I could do it, and in the end, I convinced the judge that it was a consumer dispute. Specifically, I provided screenshots of the service provider's social media and some other evidence. In short, several more experienced colleagues said it was useless, but I went ahead. I wasn't so much trying to show off as a cool lawyer to the client, but rather went to prove to myself and my colleagues that I could. The claim was ultimately accepted under the Consumer Protection Law (CPL), and during the hearing, I had to defend my position. The difference between these case categories was the potential winning amount, which differed by approximately 3x 🤷️, meaning under a consumer dispute, one could claim three times more than the contract amount. The case dragged on for a long time because the respondent, whom the court notified several times, simply didn't show up. I had already gathered all my curses for the respondent (it was her). In the end, the hearing was conducted without her, the judge accepted all my arguments and evidence, and awarded all my claims in full because the respondent didn't even file a written objection. I was happy and thrilled; such a case turned out to be amazing 🔥. Almost 2 years have passed, and recently, a post from the respondent appeared in my feed, where she shared her pain 😭. It turned out she didn't show up not because she didn't care, but during that period, she had a hard life and was sent to prison. Her post touched me so much, almost to tears 🥲, and now the realization that I added more problems to her life has been tormenting me for several days. Wow, she fell into a debt pit, and now I'm adding to it with my own cases 🤦️. By the way, the client I represented ended up being a person with government contracts in the end... and yes, on this case, I earned pennies 🫤😖. I understand with my mind that this is just my work, but on the other hand, one could have simply taken the main route without these special effects 😕.
А сколько, по-вашему, должна быть зарплата в Москве? К примеру, в час или в смену — у человека без о… Давайте вспомним все наши факапы 😂 Пост Донны Розы заставил вспомнить свежий случай 😁. Муж оплатил…
Comments
Suleymenova Aida
You couldn't have known, and you had no way of knowing. And the plaintiff was within their rights. If they want to lessen this woman's burden, they can simply not present the writ of execution. So, your conscience is totally clear.
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Vasilisa
Suleymenova Aida He already presented it. But she has tons of debt. It's unlikely he'll collect anything. My mind understands, but my conscience still bothers me. Life has been really tough on her 😭 I just feel sorry for her as a person.
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Feya
Some people can cry beautifully about how hard things are for them. People don't just end up in prison for no reason. I don't know the whole situation, but I don't feel sorry for the defendant anymore. You just need to forget about it and not even think about it. It was your job, and you did it well 👍
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Natalya
Suleymenova Aida You can consult her for free if you want to help. Maybe it will work out...
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Vasilisa
Go ahead and file a claim, but it's best to do it via certified mail. If you accepted the fridge with noted issues and it's all documented in the report, you have a good chance.
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Vasilisa
Suleymenova Aida I don't think I can help her much.
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Yuliya
Just a question, how did the judge not know she was in jail?
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Vasilisa
Yuliya Usually. They sent the court notice to the registered address. No one will dig any further.
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Yuliya
Yuliya That's kind of weird. If someone has a criminal record, doesn't that affect things at all?
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Natalya
Suleymenova Aida Trying is not torture. Will you at least try, or is her story not your profile and therefore less likely to succeed?
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Vasilisa
Yuliya We didn't dig that deep. They just called us as the defendant.
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Vasilisa
Yuliya I'm too lazy to write. Here's the AI's answer with an explanation

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Yuliya
Yuliya I understand that, so the court basically decided that she didn't show up. This is probably more a question for the authorities than for you. They should figure out why she's not showing up, right? Or were you just not informed?
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Vasilisa
Suleymenova Aida No, the production is already underway. I can't help with that.
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Vasilisa
Yuliya In civil proceedings, the court is not obligated to investigate this. If someone lived at this address or if she had a representative, objections could have at least been sent.
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Olga
1) Is her ending up in jail your fault, or is she an accidental victim?
2) Is it also a coincidence that she took on a job, but didn't finish it properly or well? Could she have avoided taking on that job if she knew she'd do it poorly? What was she counting on when she accepted such an order?

If she ended up in jail for a reason and took on a job without knowing how to do it properly, then what's happening to her is a natural consequence of her life, her choices.
Many people have difficult lives, and some have lives that are brutally unfair. Good people suffer unexpectedly, innocent children get seriously ill, and sometimes they don't recover or survive..
If a person creates their own problems, then they are solely responsible. And don't blame yourself for her being a master at getting into bad situations. You didn't lie or deceive her in any way. You didn't create the problems she's suffering from.
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Vasilisa
Olga Basically, you're all right. But who knows, that's just how I reacted 🤷️
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Olga
Olga Are there any statutes of limitations for these kinds of stories? Like, a time limit after which you can't ask for money back?
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Yuliya
Yuliya That's cool, of course. But it's not your fault, everyone does their job. They probably wouldn't have put you on the list for no reason either.
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Vasilisa
Olga It all depends on whether the debtor has any assets. You can present the writ of execution even after the enforcement proceedings have ended, within 3 years.
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Vasilisa
Yuliya 🤷️
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Suleymenova Aida
Suleymenova Aida That's a shame. But we can't live her life for her. 😥
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Vasilisa
Suleymenova Aida That's so true
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Suleymenova Aida
Yuliya In civil proceedings, attendance is purely voluntary. Even if no one shows up, the judge can either consider the case or dismiss it if there were no requests to proceed in absentia. Consequently, no one really cares about forcing attendance.
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Elena
Weird situation... in which feed, which post is she complaining?

Why do you feel sorry for her? Every decision we make has consequences, and her choices led her to this outcome. What does that have to do with you?
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Vasilisa
Elena She complains on social media on her page. When I was gathering evidence for court, I took screenshots of her page, and that's how she popped up in my feed 🤷️ I just felt genuinely sorry for her.
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Anna Naryshkina
And why did she end up in jail?
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Vasilisa
Anna Naryshkina I don't know, she's not sharing details, even though people asked in the comments
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