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8 months after successfully finished contract client wants a refund/legal actions

loyalworker
Ace Contributor
Ivan I Member Since: Nov 13, 2014
11 of 30
Preston, you put that better than I ever could. I agree with every word you wrote.
loyalworker
Ace Contributor
Ivan I Member Since: Nov 13, 2014
12 of 30

Not sure if it is an option here, but this topic can be closed. Thank you all and be well, my freelancing family.

abinadab-agbo
Community Guru
Abinadab A Member Since: Sep 26, 2016
13 of 30

Ivan I wrote:

Not sure if it is an option here, but this topic can be closed. Thank you all and be well, my freelancing family.



Sorry to burst your bubble, Ivan, but, you asked for "opinions and recommendations" and you must get them Robot tongue

a_lipsey
Community Guru
Amanda L Member Since: Jan 23, 2018
14 of 30

Even to win a lawsuit, the client would have to prove, if I am correct and maybe I'm not, that the error/omission caused a material loss. 

 

Additionally, the contract would have had to have been for ongoing support. It does not sound like the client has a contract for ongoing support, so I don't know that they'd even be able to win such a lawsuit. 

 

Whoever mentioned errors and omissions insurance was right. I carry it and recommend all freelancers do. 

 

I dunno, if you built a website for me and I used it for 8 months and didn't find a problem, and then needed something fixed, I might ask and see if it's something quick and if you would do it as a courtesy, but if the freelancer requested a fee to address the issue, I also understand that time has passed. Maybe a good lesson to put in the scope of work from now on that requests for fixes of bugs or whatever end on such and such date. If the number of revisions or the scope of work is clear, on a fixed price contract, I don't really see how a court would even find in the client's favor, unless the client could prove without a doubt that the error/bug was (a) your fault and (b) causing a material loss. Based on the way the kind of client it sounds like (to me) I don't think they could prove those things...but that's a hunch, not a fact. 

loyalworker
Ace Contributor
Ivan I Member Since: Nov 13, 2014
15 of 30

As I said, I will keep you posted about the situation. So, here is an update.

 

Even though justice is on my side, and I have been recommended by the Upwork agents that I did the right thing by blocking her, it seems nothing is enough. Guess the Upwork broke under pressure and now is recommending me to do totally different thing. To clarify it for you. I have just been informed by new support ticket that the client is requesting from Upwork my personal information such as address etc, and they will actually review client's request! And now they are recommending me to get in touch with the client. Imagine that! It is obivous that justice (for the sake of not having better word) is not enough in here.

 

Update: Message from a client. Yes, I unblocked her. She says that she already has my private information. These information will be passed to her solicitors who will contact me directly.

 

Any recommendations on what should I do? It is getting interesting, but I must admit that I became stressed because of it.

loyalworker
Ace Contributor
Ivan I Member Since: Nov 13, 2014
16 of 30

Update: Upwork support said they have not given my personal info to her. I guess she is still using scaring tactics. What a bully! Clients of such should be suspended, or banned from using Upwork.

a_lipsey
Community Guru
Amanda L Member Since: Jan 23, 2018
17 of 30

I don't personally believe she has a case, but you would do good to pay an hourly fee to consult with an attorney and go over your contract to be safe. Also, wait until you get served...it's unlikely she's going to pay all the fees to serve you papers and bring you to court if she can't even be bothered to pay a small fee to do whatever update she is requesting...

loyalworker
Ace Contributor
Ivan I Member Since: Nov 13, 2014
18 of 30

Amanda, thank you! I appreciate your insights. It seems you know about the law matters much more than I do. I will do exactly that, wait for papers. If it happens at the first place. At the moment I am still not completely sure I should contact my lawyers since nothing is official yet. Exciting times!

 

Furthermore, can anyone explain me, if particular matter goes to court, will I have to travel to the her country, or she will come here? How does it work?

 

Will continue to inform you all about the situation, my wonderful freelancers. And I sincerely  hope such thing will not happen to you. I have been in business for 15+ years, and this is top 2 of the worse clients. I guess such situations are inevitable at times. Aynways, maybe after this matter is closed, all of us freelancers will be protected more.

a_lipsey
Community Guru
Amanda L Member Since: Jan 23, 2018
19 of 30

Ivan I wrote:

Amanda, thank you! I appreciate your insights. It seems you know about the law matters much more than I do. I will do exactly that, wait for papers. If it happens at the first place. At the moment I am still not completely sure I should contact my lawyers since nothing is official yet. Exciting times!

 

Furthermore, can anyone explain me, if particular matter goes to court, will I have to travel to the her country, or she will come here? How does it work?

 

Will continue to inform you all about the situation, my wonderful freelancers. And I sincerely  hope such thing will not happen to you. I have been in business for 15+ years, and this is top 2 of the worse clients. I guess such situations are inevitable at times. Aynways, maybe after this matter is closed, all of us freelancers will be protected more.


You're very welcome. I only have limited knowledge in that I have had to ask about some of these things myself. I have no clue how it would work for her to try and sue you from another country. Honestly, I don't think she even could really without a great expense to her. Think about it? She'd have to pay for someone to serve you with papers in your country, and who would even have jurisdiction? And if she did find a judgement against you in her country who would enforce it? Her country doesn't have jurisdiction in yours and this is a minor civil manner. I think she's bluffing you and trying to scare you. But talk to a lawyer to know for sure. I'm just going on my limited legal knowledge, which again, is limited. 🙂 Keep us posted. I'm curious to see how this pans out. I appreciate you sharing it with the community because I'm sure any of us could experience this eventually. 

kochubei_valeria
Community Manager
Valeria K Community Manager Member Since: Mar 6, 2014
20 of 30

Hi Ivan,

 

Sorry to hear you're having issues with one of your clients. I see that you are communicating with one of our agents and she's been assisting you with your questions. As others have already mentioned on this thread, you can also speak to a legal adviser if you have any questions about how to proceed.

 

For general information about requests to obtain a user's contact/personal information, please refer to Upwork Privacy Policy and this help article.

~ Valeria
Upwork
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