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Can a dispute be reopened or taken to arbitration after the Upwork closed the dispute?

kbhagtani82
Active Member
Kapildev B Member Since: Jul 9, 2015
11 of 19

As bad as it gets, the mediator gives the client another extension to go to arbitration.  The issue is simply dragging on. Also, the client has been allowed to raise a dispute beyond 30 days of funds released. 

 

In all seriousness, it might be worth for a legal expert to have these series of actions reviewed and probably escalate it directly to a court of law 

lysis10
Community Guru
Jennifer M Member Since: May 17, 2015
12 of 19

Kapildev B wrote:

As bad as it gets, the mediator gives the client another extension to go to arbitration. 


yep, and you know a freelancer would be banned and wouldn't have this option. They get 3 days to respond but they always get an extension.

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
13 of 19

You're not helping clients if you make them believe that they can do whatever they want and pay money hither and thither and then if something goes wrong or if they just feel like it they can get their money back. Because often clients can NOT get any money back. There are clients who seem to think that getting a refund for work they paid a freelancer to do is essentially the same as taking a garbage disposal back to Home Depot because you realized you need one with a plug-in cord rather than a hard-wired unit. I can take an unopened box back to Home Depot and they can put it back on the shelf. No harm done. I can't give a freelancer back 20 hours that she spent working on my project. Sometimes Upwork's policies reflect that. Sometimes they don't. If capriciousness in policies was ONLY harmful to freelancers or ONLY harmful to clients, I might view it as an understandable trade-off. But in the end, neither side benefits.

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
14 of 19

Kapildev B wrote:

As bad as it gets, the mediator gives the client another extension to go to arbitration.  The issue is simply dragging on.


How much money are we talking about?

 


Kapildev B wrote:

Also, the client has been allowed to raise a dispute beyond 30 days of funds released. 


Are you sure? Was there money in escrow at the time? The terms of service are pretty clear on that. There have to be funds in escrow and/or the last invoice date (release of milestone) must be less than 30 days ago.

 


Kapildev B wrote:

In all seriousness, it might be worth for a legal expert to have these series of actions reviewed and probably escalate it directly to a court of law 


Can you afford an international lawsuit?

kbhagtani82
Active Member
Kapildev B Member Since: Jul 9, 2015
15 of 19

$1000 

 

Yes, I am pretty sure the escrow was released 30 days before for the first milestone atleast. 

 

We have already initiated the lawsuit and our team is reaching out to the legal authorities in California. 

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
16 of 19

Kapildev B wrote:

Yes, I am pretty sure the escrow was released 30 days before for the first milestone atleast. 


That's irrelevant. It's the LAST milestone that matters, not the first

 


Kapildev B wrote:

We have already initiated the lawsuit 


You have? Against whom?

 

And who is "we"? You have an individual profile

kbhagtani82
Active Member
Kapildev B Member Since: Jul 9, 2015
17 of 19

We means my team.  

 

Who else do you think we would file the lawsuit against?  There are 3 parties involved here. 

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
18 of 19

Kapildev B wrote:

Who else do you think we would file the lawsuit against? 


Well, the client or Upwork and a lawsuit on what legal basis? 

You said you have already filed the lawsuit. That was quick... Usually it takes a lot longer. Do you think it's worth the tens of thousands of Dollars this is costing you?

 

Out of curiosity: Did the client ever get the tablets back they sent you?

kbhagtani82
Active Member
Kapildev B Member Since: Jul 9, 2015
19 of 19

I pressed the wrong button. 

 

The process is under jurisdiction so you might have to wait to find out. 

 

I have my representatives in California who are family, so legal costs are covered. 

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