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Client Refusing to Pay Amount Due

tlsanders
Community Guru
Tiffany S Member Since: Jan 15, 2016
11 of 17

@Preston H wrote:

 

 

The Upwork system simply is not governed by "hundreds of years of contract law." It is a website that is controlled by source code.


 This, also, is not accurate. The Upwork system relies on contracts, which are not exempt from contract law. The underlying structure of any freelancer/client relationship on Upwork is a default contract created by Upwork and governed by contract law, and those terms (which do not say no money is owed if a milestone is not funded) govern unless the client and freelancer supersede them with different (but legally enforceable) contract terms.

 

When arbitration is required, that arbitration is governed by contract law.

 

Whether or not money is "owed" under an agreement or for an exchange of services is in itself a matter of law.

 

The fact that the Upwork system does not provide a mechanism for collecting funds that were not escrowed has nothing at all to do with whether those funds are owed--not even by Upwork's own terms.

colettelewis
Community Guru
Nichola L Member Since: Mar 13, 2015
12 of 17

Signe,

 

This is what I would do. I would tell the client that since she is not prepared to pay the agreed rate, I would have to sell the resume (without her name) to a resume site to cover my costs. Which would seem as if your client had simply copy-pasted her resume.

 

 

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
13 of 17

@Nichola L wrote:

This is what I would do. I would tell the client that since she is not prepared to pay the agreed rate, I would have to sell the resume (without her name) to a resume site to cover my costs. Which would seem as if your client had simply copy-pasted her resume.

 


 I quite like that idea as a bluff, the problem with that is that Signe would have to refund the 2/3rds she has been paid to be able to do so....

 

I'd definitely tell the client that they must not use the resume as it is not paid for....

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

I accidentally did this before years ago but luckily it was for a small amount and they paid.

 

I think where I would have seen red flags is her suggesting milestones. Someone who has really never been here or done this doesn't suggest milestones or anything like that. Even if they do, I tell them it all has to be escrowed upfront. The only time I take small milestones and separated payments is with ebook stuff, because doing it chapter by chapter is ok with me.

 

There isn't anything you can do though. I like Nichola's idea of telling her you're selling the resume then since she didn't pay. 

jorgensons
Community Guru
Signe J Member Since: Jan 29, 2016
15 of 17

@Jennifer M wrote:

 

I think where I would have seen red flags is her suggesting milestones. Someone who has really never been here or done this doesn't suggest milestones or anything like that. Even if they do, I tell them it all has to be escrowed upfront. The only time I take small milestones and separated payments is with ebook stuff, because doing it chapter by chapter is ok with me.

 


She didn't use the word "milestones." That's my language to explain, in Upwork terms, what she proposed. She called the first milestone a "down payment" and the second one "balance due." 

tlbp
Community Guru
Tonya P Member Since: Nov 26, 2015
16 of 17

Remind her that if you bring a collections action, the information might pop up when employers do background checks?

 

Any methods to get payment at this point will involve playing hardball. 😞

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

I tell ya put her name on ripoffreport.com and it'll be first page for her name guaranteed. lol

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