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  1. #1

    Unhappy Misuse of Credit Card by Foreign National

    My question involves criminal law for the state of: Connecticut, USA.

    I am Indian citizen and resident having software service biz in India. A Norwalk , CT based client used my services for more than 2 years. He kept delaying payment and since past few week isn't responding to my emails. he owe me around $7000 of payment. We had good biz relationship. We were like friend. We didn't do any contract. I didn't give him any invoice (he never expected too). Few times he sent money, he was sending from paypal, Western Union, and elance.com I want to recover money. Somehow I have exclusive access to his elance.com account (i changed password. so he don't have access now). He has his credit card associated with his elance.com account. I can easily pay myself via elance.com . and his credit card will be charged for the amount I pay myself via his elance.com account.

    My question is can he do any litigation against foreign national in such case (if i use his credit card via his elance.com account to pay myself) . considering amount will be meer $2000 to $3000. can he afford to take legal actions and bear cost of litigation against me for this small amount which he already owes us.

    If he can do this things. And if it can be trouble for me and my company, what is other way to recover my money ? can I file case in indian court and send him notice or what ? or do take legal action in US.

    Please note I am residing in India and running business in India.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,670

    Default Re: Misuse of Credit Card by Foreign National

    He can certainly sue you in the US but if you've not got a presence here, there's not much for him to do when he wins.
    He may indeed manage to get the fraudulent charges reversed via Paypal/elance which almost certainly will put you in debt and possibly get your personal accounts terminated.

  3. #3

    Default Re: Misuse of Credit Card by Foreign National

    @flyingron Thanks for help.

    Actually chargeback in case of fradulent payment isn't possible via elance I think As elance is crowdsourcing site . (Its quite possible via paypal).. Once he pays (via his elance account) its considered that he's understood the risk of paying service provider and elance doesn't held itself responsible for work/service he gets in return. that's elance's policy.

    Anyone else who would like to comment on this case. Help would be appreciated.

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