How long to settle a dispute

[aussiekat]

I submitted a draft copy to a client for a resume and cover letter, she asked me to make changes.  Then just before I sent her the final document she cancelled the contract saying that I didn't meet the deadline however I still had 10 hours anyway.  We both live in the same country.  The dispute person contacted me on Thursday, May 23, 2019 and there had been message back and forward between the client and myself.  As the project was worth $180 I told the client that she had seen 75% of it complete and should be paying me for that.  She informed me that she used what I had done too, which really pissed me off. She is refusing to pay anything.  Now last night she threatens to sue me and my business "it's a hobby".  I have had to block her as I am not going to put up with insults.  It's been 7 days since the caseworker was in communication with me.  Surely it shouldn't take that long to get sorted.  As far I am concerned if she has used anything that I did she should be paying something towards the 6 hours I had spent on it.

[Anonymous-User]

Oh I love when they threaten to sue. First of all, shake off her threats. They're empty. She is under UW jurisdiction, which means if you can prove you did the work, you will be paid.  That is, if she funded the project (fixed) or you logged your time with the tracker (hourly). 

You did the right thing by blocking her - make sure you screenshot those threats and forward them to UW. If you are in the "mediation room", post them there and don't engage with her anymore. Let UW handle it. 

Sorry you had to deal with that. 

[lysis10]

If you answered the mediator, then don't worry about it. Sometimes clients drop off and the mediator gives them several days to reply before they forfeit.

I had a really great mediator the last two times that kept me up-to-date on where we stood, but maybe I just got girls who knew what they were doing. The last one was definitely on point. I'm sure it depends on who you get.

[aussiekat]

This client certain hasn't dropped off. She is trying to bully me into she
not paying but I have done the work in heaps of time, not what the client
is trying to make out

[lysis10]

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Katrina R wrote:
This client certain hasn't dropped off. She is trying to bully me into she
not paying but I have done the work in heaps of time, not what the client
is trying to make out

---

Well, the fun thing is you can "bully" (I prefer the term "strongarm") them into paying you, so it goes both ways.

[aussiekat]

How?

[lysis10]

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Katrina R wrote:
How?

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Tell them you'll settle for x amount or it goes into arbitration. 

[AveryO]

Hi Katrina, 

I'm sorry to hear your experience with this client.  I checked the ticket and have followed up with the team handling your case so that they can update you soon. I won't be able to share more details about your dispute here in the Community, as this is a public Community, and wouldn't want to misrepresent the issue, but feel free to follow up about it directly with the Dispute team via the ticket.

[petra_r]

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Katrina R wrote:

 It's been 7 days since the caseworker was in communication with me.  Surely it shouldn't take that long to get sorted. 

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The expected time is within around 30 days. I hope you are very clearly aware that Upwork will not make a binding decision on who gets the money or how much. The mediator can only make a non-binding suggestion.

[aussiekat]

That's great, means there was no point disputing it to start with if that's
the case.

[petra_r]

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Katrina R wrote:
That's great, means there was no point disputing it to start with if that's
the case.

---

Did you not read up on the dispute process?

If mediation cannot reach a mutually agreeable solution and the mediator's suggestion is not accepted by both parties, there is the option of arbitration (at a cost of $ 291 each) If you opt for arbitration and pay the $ 291, and the client does not (scammers never do) then you get the arbitration fee back and the money in Escrow. If the client decides to play hardball and also pays the arbitration fee, it does to arbitration, where a legally binding decision is made by the arbitrator. The person deemed to have won arbitration gets the Escrow funds (but NOT the $ 291 back)

[kat303]

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Katrina R wrote:
That's great, means there was no point disputing it to start with if that's
the case.

---

No, that is NOT the case. It's a 2 step process. The first is the mediation. The mediator will most likely say that you should try to come to a mutual decision concerning payment. They may even say to refund the client. but those are just SUGGESTIONS. If neither of you can come to an agreement the 2nd and final step is arbitration. As stated that will cost you $291 and the client a $291 fee. If the job costs only $180 the client is most likely not going to risk losing that fee and coming out with a loss even if it's determined that escrow should be returned to her. WAY too many clients are using that tactic, (not paying for work because of some lame reason). If need be, if it were me, I would take it all the way up to arbitration. 

As for suing you. That's NOT going to happen. She will come out with even a bigger loss if she does that, and that is just talk. Trying to scare you. I have been on here for a long time and have never heard of a client actually suing a freelancer and some clients have lost thousands to scam freelancers. Don't communicate with her anymore and and take it all the way up to arbitration. 

[prestonhunter]

re: "As far I am concerned if she has used anything that I did she should be paying something towards the 6 hours I had spent on it."

A client should pay you for your time or work regardless of whether she is using your work.

If you go to McDonald's and order a Big Mac and French fries, go come and answer the phone and end up talking to your sister for an hour... You don't go back to the restaurant and get a refund because your French fries are cold.

That's the mentality of these clients who hire freelancers to work for them, and then try to get a refund. You did the work. It doesn't matter if she uses the work or not. That has nothing to do with you.

[prestonhunter]

re: "As the project was worth $180... She is refusing to pay anything. Now last night she threatens to sue me and my business... I have had to block her as I am not going to put up with insults..."

It sounds like you were hired by a 12-year-old.

[aussiekat]

Lol...
I did find her on FB... Lol

[tlbp]

Read Upwork's help section as well as posts here in the forums about how disputes work. Then decide how you will handle any possible next steps. Remove emotion from the situation. It is normal to be offended by a client's threats and insults, but it won't help you decide what to do next. 

Transactions of this type are governed by the contract to which each party agreed (which in this case includes Upwork's TOS). Understand your rights and options and make sure you follow all the proper procedures.