A2 Trader is a company that promised daily earnings of 4% a day, through supposed investments in Bitcoin. However, the company has already withheld payments from its investors for more than six months, even resulting in episodes of “breakdown”.
Lawyer Adriano Hermida Maia made a publication on the Jusbrasil website giving advice on how investors can recover their money.
Contract termination and indemnities
According to Maia, the contract signed between the parties should have been fulfilled in full, that is, the company should have honored with the promised payments. In this way, it is possible to request the contractual termination in court.
Also according to the lawyer, A2 Trader is obliged to indemnify materially the amounts invested by the clients of the platform, in addition to paying the lost profits from the income of the invested values. However, it is important to note that, despite the claim for compensation for lost profits should be made, there is no guarantee that they will be paid.
Types of applicable actions
Also according to the lawyer, based on the context of unilateral and unmotivated termination of contracts, some actions are applicable in view of A2 Trader. Maia advises cumulative requests to terminate the contract and return the amounts paid, losses and damages, loss of profits and, also, the cancellation of any balance clearing agreement receivable.
If it is difficult for the investor to obtain the documents that prove the arguments presented in the action, it is possible to request a precautionary measure to access these documents.
In addition to the requests already presented, Maia highlights the possibility of class action, which reassures those investors who fear to sue for the payment of the amounts due to possible high costs.
In addition, there are those who have had losses not so high, and who do not want to take the risk of assuming costs with attorney fees. In these cases, the lawyer recommends a class action, in which the court costs can be apportioned and even the fee is lower, considering that the value of the case will be higher for the lawyer.
Citation by notice
Finally, it is known that the head of A2 Trader, Kleyton Alves Pinto, is in an uncertain and unknown place. Thus, Maia advises to request the summons by notice, provided for in article 256 of the new Code of Civil Procedure.
The lawyer states that the summons by notice is effective in cases like this, however, it is necessary that the judge have the facts in the case file to consider the impossibility of locating the accused, as well as the ways to locate the defendant have already been exhausted.
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