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Where to file complain if freelancer disappears after receiving several milestones?

Active Member
Arjan V Member Since: Aug 1, 2017
1 of 9

I can't find any option where to file a complain, or take some (legal) action against freelancer James Mario. I had a fixed contract with him to build me an app. I paid him several milestones as he showed me some screenshots and had stories about all the back-end work he had done.

Before the start of the last milestone-fase he disappeared and didsn't respond on any of the communication networks (e.g. e-mail, skype, call, upwork).

 

I want to try to get my money back, but can't find anywhere on upwork where to file for this.

 

If any of you have some advise.

Thanks in advance.

 

AJ

 

Community Guru
Petra R Member Since: Aug 3, 2011
2 of 9

@Arjan V wrote:

I can't find any option where to file a complain, or take some (legal) action against freelancer J**** ****o. I had a fixed contract with him to build me an app. I paid him several milestones as he showed me some screenshots and had stories about all the back-end work he had done.


 Once milestones have been released and the funds withdrawn there is not much anyone can do.

 

This is why one should not release funds until the deliverables against each milestone have been 1) received (NOT a screenshot of a deliverable, but the actual code) and 2) checked and 3) been found to be working as intended.

 

As far as legal action goes - sure, you can ask for the freelancer's details and consult a lawyer, but unless the freelancer is in the same country as you it's unlikely to be worth your while as a lawsuit in a foreign country is expensive and even if you were to be able to spend thousands of Dollars on it, and even if you were to win, that does not mean you'd get your money back.

 

Active Member
Arjan V Member Since: Aug 1, 2017
3 of 9

Thank you Petra R for you answer.

 

So as I understand my money is gone.

 

But than I wonder. If I try to find a freelancer who has the knowledge of code etc, because I don't have this myself at all (that's is why I need somebody else) How can I check half way, or even on a tird part if something is working yes or no?

As I see it, it's a kind of unworkable sitation, or I need to hire a second freelancer who checks the work of the first one.

 

Any suggestions?

 

I expected more of Upwork here. As I see it now, only the freelancers are protected

 

Thanks in advance

Moderator
Vladimir G Moderator Member Since: Oct 31, 2014
4 of 9

Hi AJ,

 

I'm sorry to hear about the problem yopu're having with your freelancer. I'll ask our team to reach out to you directly and assist you with processing your complaint.

Active Member
Arjan V Member Since: Aug 1, 2017
5 of 9

Thank you Vladimir D,

 

a certain **Edited for Community Guidelines** of High Value Support team already did.

 

 

Active Member
Neha G Member Since: Jul 29, 2017
6 of 9

Hello Arjan..

 

You can create a dispute on Contract page about the same and Explain to the Upwork that what has happended.

 

They will check the files he shared with you on Upwork and if work has not done ,,you will get the money back.

Community Guru
Preston H Member Since: Nov 24, 2014
7 of 9

An experienced client does not file complaints or file disputes. An experienced client uses the Upwork tool effectively to manage her project and move it forward.

Community Guru
Preston H Member Since: Nov 24, 2014
8 of 9

re: "But than I wonder. If I try to find a freelancer who has the knowledge of code etc, because I don't have this myself at all (that's is why I need somebody else) How can I check half way, or even on a tird part if something is working yes or no?"

 

For any large, serious project, you work with a qualified project manager.

 

And you have the development team deliver work that can be tested and demonstrated. You can see for yourself that it is working.

 

It is very possible to get quality development work done without having technical expertise. But one either needs to manage the project or hire a project manager. Only 25% of developers are capable of serving effectively as their own project manager.

Community Guru
Preston H Member Since: Nov 24, 2014
9 of 9

re: "You can create a dispute on Contract page about the same and Explain to the Upwork that what has happended. They will check the files he shared with you on Upwork and if work has not done ,,you will get the money back."

 

Neha, I believe you wanted to help this client... But your advice is not accurate.

 

The client can't get money back in a situation like this.

 

As a practical matter "getting money back" is not how Upwork works at all. It is counter-productive for any client to think they can ever get money back. It is better to plan from the beginning to check work before releasing money in the first place. That is how the system is designed.

 

Upwork is not going to check files.

 

Not if you file a dispute. Not if you go to mediation. Not if you go to arbitration.

 

Upwork does not check source code files. If you want someone to do that, you would need to hire someone.

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