Criminal cases

Paid for goods or rent — the seller disappeared: what to do under Georgian law

What to do the same day if you paid an online seller or landlord who then vanished: how to secure evidence, what the bank can and cannot do, how to obtain victim status, freeze the recipient’s account and sue the recipient.

What to do

  1. The same day: screenshots of the listing, the profile and the correspondence, and the receipt with the recipient’s details; a report to the police — fraud, meaning taking property by deception with intent to appropriate it (a fictitious seller or listing) (Criminal Code of Georgia, Art. 180); damage exceeding 150 lari is “significant” (an aggravated offence) (Criminal Code, Art. 177); the applicant is entitled to a written certificate that a report of a crime was filed (Criminal Procedure Code of Georgia, Art. 101). Notify your bank and the recipient’s bank (a request, not a duty of the bank); complain to the platform.
  2. The bank will not reverse it on its own: a transfer confirmed by the payer is an authorised operation, even if induced by deception (Law of Georgia on Payment System and Payment Services, Art. 22); a payment order accepted by the bank cannot be revoked by the client (same law, Art. 29).
  3. Victim status: if the application for victim status is not granted within 48 hours — once to the superior prosecutor, then to court (Criminal Procedure Code, Art. 56). Then ask the prosecutor to freeze the recipient’s account: on a motion from the prosecution, the court may arrest property obtained by criminal means, so that it cannot be hidden or spent — ask the prosecutor to freeze the recipient’s account (Criminal Procedure Code, Art. 151). The investigation obtains the account holder’s details.
  4. Claim against the recipient (often a “drop”, i.e. the holder of the card): a claim for return of what was received without legal grounds (Civil Code of Georgia, Art. 976), or for compensation of harm from an intentional unlawful act (Civil Code, Art. 992); the limitation period for a tort claim is 3 years from when you learned of the harm or of who is obliged to compensate it (Civil Code, Art. 1008); a claim may be accompanied by security (arrest of the defendant’s account) if enforcement would otherwise be difficult (Civil Procedure Code, Art. 191).
  5. Where to apply: police (Ministry of Internal Affairs) or prosecutor’s office; your bank and the recipient’s bank; the listing platform; superior prosecutor; district (city) court.
  6. Evidence: link and screenshots of the listing and profile, correspondence, phone number, transfer receipt (IBAN or card, recipient’s name), photos of the empty parcel and the waybill.
  7. Pitfalls: disputing with the bank as an “unauthorised debit” — the client confirmed the transfer personally; waiting “until the seller replies” — money from a drop card is moved within hours; paying “intermediaries” who promise to recover the money for a fee — repeat fraud; not requesting victim status — without it there is no access to case information and no right to challenge decisions.

Be sure to check

  • immediately record evidence and file a fraud report; obtain a certificate
  • the bank will not reverse the transfer on its own — the operation is authorised
  • victim status and a motion through the prosecutor to freeze the recipient’s account
  • claim against the recipient (unjust enrichment or tort), 3-year limitation period

Provisions in force (texts in Georgian)

საქართველოს სისხლის სამართლის კოდექსი

საქართველოს სისხლის სამართლის საპროცესო კოდექსი

საქართველოს სამოქალაქო კოდექსი

საგადახდო სისტემისა და საგადახდო მომსახურების შესახებ

This is an overview, not legal advice. Deadlines and amounts follow the current wording of the law — check them against the text of each article.

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