Advice friends?

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#1 Kid-Krazi on 1 year ago

So first off I know this should technically be in the commissioner review thread but that thread is pretty dead and I could use some advice as soon as possible..

Alright so in August I contacted a guy on Facebook who was offering commissions, I showed him what I wanted and he pitched me a decent price so I went for it. He had pictures of his work on the post he was advertising on and I could see that he was in the pictures and his work looked pretty good so I figured I had nothing to worry about. I went ahead and sent him a payment of $250 and he said he'd get started as soon as he could..

A few weeks go by and he asks me if there was anything else I wanted to get done because he was having a bit of money troubles.. Which I should have seen as the first red flag but I actually ended up going through with getting another costume commissioned from him, another down payment of $250.. So that's $500 of my money this guy has..

I believe about a month later (not to sure but I do have the messages if anyone is interested) he messaged me asking if I could loan him money to help him pay his rent, to which I said no. This is about when I started getting worried because I had not received any progress pictures of the pieces I commissioned. However I didn't want to bug him about it because I know it can be hard and I've worked with commissioners before. I didn't want to stress him out, so I just went on.

So it's been a little over 2 months with him only messaging for measurements and the incident where he asked for money for rent.. By this point my boyfriends getting concerned so he asks if we could see progress pictures of what he has done so far with our $500 and mentions that he hadn't messaged us at all.. It took him almost a week to reply to our message to which he got defensive and pretty much refused to show us pictures, which at this point. I don't think he has any. Literally a day after the alteration, he once again asks to borrow money. $50 for food. If this guy can't afford food. What is he doing taking commissions online for?? He has the audacity to ask for money and hasn't sent a SINGLE progress picture.

Super concerned at this point. Any advice on what to do? Because I feel like I'm getting scammed :(

#2 loz64 on 1 year ago

This guy has no intention of completing your commissions if he is using your money for his basic necessities. Of course he has no progress photos for you; he spent the money on rent/food!

Tell him that he has demonstrated that he cannot follow through on work you paid him to do and give him an ultimatum (did you give him a deadline before you paid him?). And don't worry about coming across as "mean," it's simply business and he hasn't held up his side of the bargain.

#3 walkerofdarknes on 1 year ago

Yeah, I agree with Loz on this. I'd give him a deadline, and a soon one, for some progress photos. If he can't provide those, then the ultimatum reads "I'll be forced to pursue legal action" which in this case means filing disputes with your payment source (credit card/Paypal) and reporting him to Facebook as committing fraud against you. You'd show them the same messages he's sent you, and tell them that if they don't get your money back you'd hold them criminally responsible (which you COULD, it'd be criminal facilitation, but that's another story). That would put a serious fire under Facebook, and you'll probably get a refund soonish from them while they go after him to get their money back. Facebook would also probably lock down his account to prevent him from defrauding others.

#4 Kid-Krazi on 1 year ago

[QUOTE=loz64;5068633]This guy has no intention of completing your commissions if he is using your money for his basic necessities. Of course he has no progress photos for you; he spent the money on rent/food!

Tell him that he has demonstrated that he cannot follow through on work you paid him to do and give him an ultimatum (did you give him a deadline before you paid him?). And don't worry about coming across as "mean," it's simply business and he hasn't held up his side of the bargain.[/QUOTE]

I never gave him a deadline but I remember a particular message where he said he was 3d printing something so at this point I would even take that.. How long should I wait before I actually try to pursue this legally?

#5 loz64 on 1 year ago

You still don't have any concrete proof your guy is working on your projects. You need to pressure him to provide you with progress photos proving he is working on your commission. I have a feeling this guy is going to try and manipulate you into feeling guilty about bugging him. Tell him if he doesn't provide progress photos OR a full refund by a date you set, you will be filing a claim.

Did you send him money via Paypal? If so you may be out of luck since the claim window is 6 months, but you may be able to work with your bank/credit card company to try and get your money back if you need to.

#6 Kid-Krazi on 1 year ago

[QUOTE=loz64;5068637]You still don't have any concrete proof your guy is working on your projects. You need to pressure him to provide you with progress photos proving he is working on your commission. I have a feeling this guy is going to try and manipulate you into feeling guilty about bugging him. Tell him if he doesn't provide progress photos OR a full refund by a date you set, you will be filing a claim.

Did you send him money via Paypal? If so you may be out of luck since the claim window is 6 months, but you may be able to work with your bank/credit card company to try and get your money back if you need to.[/QUOTE]

I sent him money through cash app he had mentioned that his PayPal was not working with I'm realizing now there were a ton of red flags :walkoff:

If he doesn't give me what I paid for though, I won't feel an ounce of guilt pursuing this legally.

#7 Kid-Krazi on 1 year ago

I gave him a reasonable deadline of November 20th. I'll be sure to update this once he answers.

#8 loz64 on 1 year ago

Good luck! And yeah, if someone says their Paypal "isn't working" that means they goofed up and probably screwed someone else over.

#9 Kid-Krazi on 1 year ago

4 days no response yet.. What do I do if he just happens to completely drop off the face of the earth

#10 walkerofdarknes on 1 year ago

I'd start by checking out the cash app's Terms of Service. Like today. There should be SOME way to dispute a transfer, get money back, something. That would be the first thing. If you load it up on a regular web browser screen, use Ctrl-F to find the relevant sections. If you can't find it there, I'd try to check the various settings and see if there's a Help or Dispute option. Use them second.

Following those, I'd go to his Facebook account and screenshot EVERYTHING that might give you a hint about his personal info. Location, name, download pictures of him in costume and in street clothes, all the messages you sent to him. Because now we're going to get ugly. If he is anywhere in the United States, you will need to do 2 things: first off, you need to contact your local police and file a report about it. You might even need to file the report with his local police. The specific charges you'd be looking for are theft by fraud and wire fraud. Following that, you need his real name and you need to take him to small claims court. Basically, you need to go to The People's Court in your own area. You'd show the judge all this information, you'll probably either get at least the $250 back, maybe the whole $500. It's hard to say because it'll depend on what he says to the judge and how the judge reacts to them.

Of course, if the money isn't that big a deal to you, I'd write it off, put up a comprehensive set of reviews on his Facebook page and here slamming him and move on with your life. I'd also go with getting Facebook involved to note that the person is explicitly scamming you; even money says they'd lock down his account within a day or two.

#11 Kid-Krazi on 1 year ago

[URL="https://www.facebook.com/ShawnBrooded"]https://www.facebook.com/ShawnBrooded[/URL]

A link to his facebook in case anyone wanted to see, I can see that he was online yesterday and hasn't answered the direct messages I've sent since September 30th. I believe you can view the market place listing from his profile as well

#12 walkerofdarknes on 1 year ago

That's his general page, and I don't see a marketplace page for him. But if he's ignoring your requests, it's time to drop the hammer on him.

#13 Kid-Krazi on 1 year ago

Woops sorry
[URL="https://www.facebook.com/marketplace/item/1306747652751298/"]https://www.facebook.com/marketplace/item/1306747652751298/[/URL]

This is one of his market place ads, he has several and yes I can see through facebook when he was active and his profile says 58 minutes ago. Yet no response for anything we've asked since September 20th..

#14 Kid-Krazi on 1 year ago

If it means anything also be never said his down payment was norefundable. Which I have proof of in our messages

#15 walkerofdarknes on 1 year ago

[QUOTE=Kid-Krazi;5068686]If it means anything also be never said his down payment was norefundable. Which I have proof of in our messages[/QUOTE]

Well, that might get you back the $250 you gave him first, but he'd claim that the second one was a gift you gave him and try to keep it. Now 90% of the time, the judge you're in front of would likely take his messages, read them, and then decide you were entitled to the full $500 because he was trying to scam you. They may even tag on some sort of punitive damages, but I find that unlikely.

What part of the States are you living in? Is this close enough that you're local to his San Bernardino, CA?

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