Dispute

[#1]

Hi, can someone tell me the best way to file a payment dispute?

I have a problem with a client.

Thank you, Larisa

[#2]

To answer your question about the BEST way:

The best way to file a payment dispute is to use the Upwork system correctly and wisely so that you never need to file a payment dispute.

I have completed hundreds of jobs on Upwork. I have never filed a payment dispute. You may click my name and see how much money I have earned here. My own track record is evidence that it is not necessary to file payment disputes.

But you are clearly in a bit of a situation. Tell us more so that we can help you.

Is this a fixed-price or hourly contract?
What type of work is this?
How much money is in dispute?
Why is there a dispute over payment?

[#3]

Hi,
I have a fixed-price contract. The first milestone was paid fine.
But for the second one (last one) client is refusing to pay and demanding me to do extra work.
I explained to the client that he was asking me for something not in the contract, and I was not trained to do it,
but he kept asking for the same things repeatedly.
Please advise.
Best, Larisa

[#4]

re: "I explained to the client that he was asking me for something not in the contract, and I was not trained to do it, but he kept asking for the same things repeatedly."

Well... Obviously this client is behaving unprofessionally. But also, this is very silly.

I have hired over 150 freelancers on Upwork. The first thing I look for when I hire somebody is I check to make sure they are a specialist. When I hire an artist, I don't want to hire an artist/guitar instructor/legal aide/Wordpress configurationist.

I want to hire an artist. And I certainly don't hire an artist and then ask them to translate my website to Japanese.

I really am sorry that you are facing a situation with a client who is behaving in an irrational manner.

Also, REGARDLESS of the fact that the client is asking you to perform services that you don't provide and aren't even trained for, it is highly inappropriate for a client to ask you to do something outside of the original task agreement.

If you were an artist who specializes in drawing cats, and you were hired to draw a cat, and you finished the drawing, featuring a cat with 6 whiskers... It would be INAPPROPRIATE for the client to ask you to draw a 7th whisker unless the client first offered to pay you extra to do so. Because the original task agreement said to draw a cat, and it DID NOT SPECIFY that the cat must have 7 whiskers.

As a freelancer, YOU MAY CHOOSE to draw a 7th whisker for free. But it is a VIOLATION OF UPWORK ToS for a client to ask a freelancer to work for free. A client must offer to pay you: "Larisa: I would really like the cat to have one more whisker. May I hire you with an hourly contract to do that work, or set up a new fixed-price milestone to pay for that new work?"

So you are CORRECT to NOT do extra work for this client.

As Lisa already pointed out, you can click the "Submit work for payment" button now that you have finished the 2nd milestone.

If the client does not click the "Request changes" button, then you will be paid automatically.

If the client BLOCKS payment by clicking the "Request changes" button, then you may need to "dispute non-release of escrow payment," as described here:

https://support.upwork.com/hc/en-us/articles/211068528-Dispute-Non-Release-of-a-Milestone-Payment

But I hope that you can work things out with this client before you need to formally dispute.

Is there any possibility that the client can be reasoned with at this point?

[#5]

Did you submit the work through the contract?  Even if he doesn't release the 2nd milestone, it'll be automatically released to you in 14 days.  

[#6]

Well, I'm in the middle of a dispute now and it leads to nowhere. My clients changed his mind so often and required me to do multiple revisions, even when he has agreed on my designs days ago. I filed a dispute.

The agent manage suggesting him accept with the solution (release the payment once I submit the source files).

So, I sent him the source files through the Submit work button, in front of the agent's eyes.

Then, after a day, he clicked on "request change" again.

The agent is now asking if I could do all the revisions he asked for instead...

[#7]

I had the same problem but refused to submit Ai files (original request as PDF ) before the client paid. After the moderator told us that we could move the dispute to the third party, my client sent the same request that was in dispute again.

I don't understand why Upwork is not implementing its rules of not changing the contract with the specific tasks. It doesn't look like I will be paid:(

[#8]

I understand, it feels bad but Upwork can't choose a side since they must remain "neutral"...

I know this sounds risky but maybe you could just file for arbritation first. Knowing he has no chance of winning, maybe the client will disappear and you will have full amount of money and the fee refunded.

By the way, I've just had my case closed. After I sent the arbritation money, the client remained silent, so the agent closed the case. However, instead of full escrow went to me, only 3/4 payment (this part:

The agent manage suggesting him accept with the solution (release the payment once I submit the source files). So, I sent him the source files through the Submit work button, in front of the agent's eyes. Then, after a day, he clicked on "request change" again.) went into my account, and the arbritation fee was refunded to me.

I think it's not the arbritation rule that was applied, since if it was, I should have been paid the full escrow. Maybe it was this rule about "not breaking the mediation agreement".

Has the client and you agreed on the mediation's suggestion yet? (you sent the pdf file, he sent the money)

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[#9]

I think the best way to 100% prevent this is like Preston said, using the system in a way that we never need to file a payment dispute. Open small milestones, using hourly contract... Once the client acts weird, we can step away with only a small amount loses. Believe me, being in the dispute room takes my time and drains my energy. It's an amount of 750$. I wish I made the milestone smaller...

I hope you could find a way to solve this with no need of disputing. 

[#10]

Nhu Nhu: I am sorry that you ran into such an unprofessional, impossible client.

Yeah... it just isn't worth trying to do a fixed-price contract with a client who is incapable of understanding fixed-price contracts.

A fixed-price task is done when I (the freelancer) say it is done. A client can not "request changes."

If a client "requests changes" on me, then I am likely to close the contract immediately and tell the client that we may work using an hourly contract, or not at all.

[#11]

Yeah you are right. 

Well, the bright thing is that I won't step on that path again! Somehow I feel lucky that it happens now, instead of waiting until I have a 7500$ milstone or something... 😂