What to do when a freelancer runs away?

[AEN DIRECT]

I'm in a fix because I suspect the freelance web developer I have engaged is trying to be funny and might be a cheat.

Consider this scenario:

1) Freelance web developer is an individual, 20 years old, not a company.

2) Freelance web developer accepts project and contract is signed.

3) Soon after the project started, the developer becomes increasingly difficult to contact. He either switches off his phone or does not answer it at all. He always gives excuses such as he's "in the middle of something", went back to camp for mobilisation, phone sim card spoiled, accidentally dozed off, having dinner with family. One suspicious thing is that today, I tried calling with my phone and he did not pick up, but when I used another phone (which he does not know the number) to call, he picks up then give some excuse and hung up.

4) He promised to deliver the 1st round of features within 2 days. 1 week have passed and I have not seen what we have agreed, despite repeated attempts to requests and calls in point 3 above.

5) I have already paid him the upfront payment.

6) He said he will complete the project through SMS once, but I have not seen anything and he doesn't answer my calls.


What should I do? I have a contract but since he is an individual and not a company, I cannot go to the Small Claims Tribunal. Will I be able to get a compensation if I go to the police? or must I get a lawyer?

Please tell me what I should do

[Oops!]

There is 2 main points. When you deal with freelancers, its either
1. they have a company, or they work for a freelancer company - registered company; or
2. they work for you under your company, paid on a project or piece-rate basis.

According to our state laws, there is minimal protection especially on monetary issues when you work with an non-represented person or "company". He don't have a company, first option out. There seems to be no explicit clause in your contract that he works under your company, so second option out too.

I am doubtful that making a police report is useful. It is a civil wrong most likely, and the police will leave things as it is - just taking down a arbitrated report.

Perhaps you want to go to a lawyer for advice, but since SCT won't work, then the next level would be Magistrates' Courts. You'll need to work your sum out if you'll recover significantly after paying for all those legal costs.

[AEN DIRECT]

Thanks. I think I'll be going down to the Magistrate's Court. Did some research.

[bobchrist]

I think it is very difficult to get him back if you have not hired him through any reputed freelancer sites, however It is always good to get the project done by a reliable company or better to check the ranking before you hire if you look to hire them through freelancer sites.

[djchris]

Since a contract has been signed, do you have his address and IC?

[pingcrisis]

Originally Posted by djchris

Since a contract has been signed, do you have his address and IC?

He's a minor. Contract is unenforceable most of the time.

Threadstarter should seek a lawyer for advice.

[AEN DIRECT]

Thanks for all the suggestions. I'm meeting him in the Small Claims Court in 2 weeks time.

[avvee]

do let us know how it turns out.

[AEN DIRECT]

Went for the consultation on the 1st of March. He admitted the claim without hesitation and is "Ordered By Consent" to pay me the claimed sum by the 5th of March. So I should see the money sometime tomorrow, else I can enforce the court order against him. Only got $10 disbursement, and I paid $50 for the SCT fee, so I lost $40

[AEN DIRECT]

He still haven't paid me. Even though he's supposed to on the 5th.

[advertiser]

self 0wnage but very irresponsible for the web developer

[AEN DIRECT]

Wow advertiser,

you registered today and your first post was the reply to this topic. I'm extremely honoured that my post is that interesting to you.

[tysoh]

Does this irresponsible freelance web developer have any portal online? If yes mind to show us? Just in case he go con more people...

[AEN DIRECT]

He goes by the name of Ryan Lin. His real name is Maung Myo Thwe Lin. A Vietnamese who is now a Singapore PR. Currently serving NS (saw his 11B).

His personal blog: http://www.ryanlin.net/
His meetup.com profile: http://www.meetup.com/members/2775118/
Wordpress Theme tester: http://codex.wordpress.org/User:Matt...sponsibilities (Find "Myo Thwe Lin")

I've already told most of my network about this guy. You can do the same too.

[Oops!]

Just FYI, from his blog he seems to be from Myanmar anyway.

[AEN DIRECT]

Ooops I meant burmese, not vietnamese XD

[tysoh]

he did not display any of his design work, and you dare to engage in his service...

[Ossil]

Hi, did you get your money back?

[choongseng]

I think whether or not getting back the money is secondary issue and if the end client had a tight schedule, then the "main contractor" will be in trouble..

Well well, lesson to us is... always get a freelancer which is reputable (ask for references or referral). I'm keen to know what it end up though, so that we know what to do if it ever happen to anyone of us.. (hopefully wont..)

regards,
choongseng

[Alice]

Hi Everyone,

This a public appeal. To date, 25 Oct 2007, Ryan Lin has been missing along with 3 kittens under his custody (since 13 Oct 2007). Please kindly drop me a PM if you have any information or is interested to render any help. Thank you.

From the owner of the 3 kittens:
"Ryan had been missing since last Saturday 13th October. My cats were also in his custody before I left for Seoul the previous week. He was last known to be staying in Hougang and last seen on 10th October evening at about 11:30pm outside The Cathay taxi stand.



If you have seen, chatted or met up with Ryan since 13th October, or if you have any clues about contacting him, kindly drop me an email (from About page). If it’s not for his safety, it’s for my 3 kitties which are under his custody.

This is a public appeal. Any help would be appreciated."

[dennis]

Originally Posted by Alice

Hi Everyone,

This a public appeal. To date, 25 Oct 2007, Ryan Lin has been missing along with 3 kittens under his custody (since 13 Oct 2007). Please kindly drop me a PM if you have any information or is interested to render any help. Thank you.

From the owner of the 3 kittens:
"Ryan had been missing since last Saturday 13th October. My cats were also in his custody before I left for Seoul the previous week. He was last known to be staying in Hougang and last seen on 10th October evening at about 11:30pm outside The Cathay taxi stand.



If you have seen, chatted or met up with Ryan since 13th October, or if you have any clues about contacting him, kindly drop me an email (from About page). If it’s not for his safety, it’s for my 3 kitties which are under his custody.

This is a public appeal. Any help would be appreciated."

what is the purpose of this post??

[Alice]

Just the last hope of locating him.

[alien]

Have you filed a missing kitten report?

[Alice]

Tried unsuccessfully (insufficient information) to file for missing person, along with kittens at Teck Ghee Police Station.

[dennis]

Originally Posted by Alice

Just the last hope of locating him.

then u should start a new thread yourself...

[Alice]

ok. thanks.

[Necroist]

What a small world.

Ryan Lin is a customer of mine, and we've been trying to get hold of him for the past 3 weeks. He hasn't been on MSN, his phone is on voicemail, his e-mails unchecked.

He has a big outstanding payment with us. From what I understand he is also part of TheDigitalMovement (thedigitalmovement.org). We're unable to reach anybody from that group as well. If anybody have any information on his whereabouts, do inform me.

[Alice]

Necroist, do get in touch with me. I am from TDM.

[GaMerZ]

Alice == Kim?

[Alice]

I am Alice Cheong. If you happened to attend Popout2007, I was the only female photographer with the DSLR who kept going near the stage to snap photographs. I am not Kim.