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Dmitry Golubev2018-02-28 13:20:39
Upwork
Dmitry Golubev, 2018-02-28 13:20:39

Client on Upwork threatens international court, is it possible?

I worked with a client on an upwork for 6 months under one contract (job post long term position) everything was in order: I took an order, made it, received payment.
Then he began to blackmail me that if I didn’t take a new project, I wouldn’t pay for the completed one, I refused - they refused to pay me.
I contacted the support service to open a dispute and get at least what is in the escrow. A dispute was opened
Yesterday a client wrote to me that his client is filing a lawsuit to receive updates on unfinished projects and they are going to give my contacts. All work was done through upwork. I have no written contracts and agreements, especially signed ones, neither with the client nor with his client. I think they’re bluffing or they’ll risk filing international)
It seems that I read all the instructions on the upwork, I didn’t find anything terrible there about the fact that if you accept a job on an upwork, you should plow on this client without payment. They stopped paying - I stopped working.
They also write that I must reimburse them all the money they paid me for the completed projects. I wrote about this in support. But I’m thinking whether it’s really possible to sue a foreign freelancer without any contract or agreement, based only on an upwork contract? There, too, it is difficult to call it a contract.

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9 answer(s)
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Maxim Timofeev, 2018-02-28
@webinar

Bluff. My advice, less insults and generally communication with these customers. To all "and we will sue", we answer "it's your right, I'm just preparing a counterclaim." You don't renege on your commitments, they renege on theirs and just scare you. Perhaps a tactic for breaking up a relationship so that you don’t pay the balance and don’t worry that you will be dirty. Since the absence of a claim will already be considered a victory. Fucking psychology.

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Maxim Kudryavtsev, 2018-02-28
@kumaxim

Let's say you and I are both citizens of the Russian Federation. We signed an agreement with you, according to which I pay you conditional 5 tr. for 10 hours of your work per month. Everything was fine with us for 6 months, however, then problems arose on my part, let's say a client / partner scammed me, I had 25 rubles left on my account, where it is not clear where to get the money from. In this case, without receiving money from me, you stop work and have the right to sue me with a demand to recover the conditional 5 tr that I owe you. From your side, and from the side of the law, everything is clean, smooth and even.
Now let's move to my side. I don't have any money in my account right now. I don't have anywhere to take money from. Basically, I have nothing to argue with you. I perfectly understand that if you receive a court decision and present it to the bailiff, then my account will be blocked very quickly and I will not be able to pay you somehow. In that case, my strategy would be to stall for time. Let's say you file a lawsuit against me, I filed an objection in court, saying that the plaintiff did not fully comply with the procedure for pre-trial settlement of conflicts provided for by the contract. Of course, in our contract there is a clause like "All disputes and claims are resolved through negotiations ...", however, their format, terms of agreement, etc. are not spelled out. At this point, I press and ask to postpone the consideration of the case on the merits for 8 weeks. Then,
With all these actions, I achieve one thing - to delay the blocking of my account as much as possible, as a minimum plan. I need this in order to find a way to patch up the hole that I have because of the dishonest actions of my client / partner. In order for you not to sue me at all, I can start to get to the bottom of all sorts of little things, in the spirit, and here two commas are in the wrong place ... or I can start to scare you, they say, through your fault, my site has fallen , I suffered losses, for you this is such and such an article of the Civil Code of the Russian Federation ... or I can swindle you for some kind of offense, and having compromising evidence on you, say: "Yes, I owe you conditional 5 tr, however, if you sue me, then I will get these facts and make you pay a conditional 10 tr." These cases are not connected in any way, however, it will flash through your head: “Well, fuck him,
I note that this is all very, very gemorno, even if you and I live in the same metropolis. In your case, we are talking about different states, which is ten times more problematic.
In your case, you must remember one wonderful expression: "I do the last job for free." Unfortunately, I do not remember the author, but the essence of this does not change. You have a bad case, no one will pay you for the last stage of work. Accept it as a fact, put this client on your list of dishonest contractors and do not work with him anymore.
It is strictly forbidden to agree to your client's offer to receive payment outside of Upwork. It is strictly forbidden to somehow offend the opponent or his inner circle. You must not give him a single reason to play another card. In no case do not lower yourself to the level of your opponent if he starts behaving like a redneck. Answer the threat about the court: "Okay, we'll talk in court with my lawyer."
My main advice - do not be an asshole, both in this situation and in general in life.

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Sergey, 2018-02-28
@begemot_sun

Here it is necessary to understand that any court is a cost.
If a client sits on Upwork, then this means that he saves, otherwise he would use outsourcing offices in his homeland.
Well, no money, no court.
So send it in plain text.

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Alex-1917, 2018-03-01
@alex-1917

Typical behavior of an intermediary who ate money))))
I highlighted the key point in bold. The question is not at all. Continue working according to your plan, there is payment - there is work, no - no. However, you are a dreamer, this is disastrous in business, tie up with fantasies)))

international Court
- neighing)))

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Nikita, 2018-02-28
@jkotkot

The correct strategy is not to panic, do not twitch, do not be rude or hysterical)
If the client is acting under emotions, then you need to respond coldly and reasonably. You can write that you are ready to discuss questions and problems, but first the client must state the essence point by point. The points. And then it is already possible to answer each point in detail and with reason, depending on what he wrote there.
The main thing is not to give in to emotions. Even the most emotional clients calm down under the pressure of arguments.
It will not be accepted in any international courts. The maximum is an upwork dispute, which also costs money. Well, shit in the rating))) it can be, but for top-rated there is an opportunity to change it.
If HIS client makes claims to you in one way or another, then you can always say that you don’t know him and have never dealt with him, so you don’t accept claims. Communicate with those with whom you agreed and worked or with their official representatives.

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Puma Thailand, 2018-02-28
@opium

Litigation is quite realistic, but very expensive. If the client is willing to spend money why not.
You won’t have any consequences on upwork, so don’t worry.

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Antonio Solo, 2018-02-28
@solotony

there are no international courts. do not mind it. answer once that you are ready to work after payment, and then ignore it.

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MatasDragonV, 2018-03-01
@MatasDragonV

The client is a typical asshole trying to solve his financial problems at your expense. Regarding courts and jurisdiction, see my detailed answer here: Hetzner: how to refuse a server with unpaid bills?
. Understand that you just need to send a client and find another one.

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Ivan Eremin, 2018-03-03
@divanus

What kind of international court is this? The Hague Tribunal? :))))) Well, you do not communicate with him. Upwork basically destroys everything. There is pay, there is work. No pay, no work. Everything is ingenious and simple. Well, the fact that the intermediary ate the money is his problem.

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