Fiverr Community Forum

Buyer threatening litigation?

Your Fiverr Experience The Ranting Pot
#1

I received an order from a foreign buyer for writing related services. I live in LA and at the same time major fires started to break out and caused some issues with delivery time. I notified the buyer and he accepted. When I was finally able to deliver the order he asked for a few revisions, I complied, and he accepted the order. He then asked for an additional service on the same piece of writing, actually to pieces of writing. I created the add on for him, however at the same time I was starting a temp job with 12+ hr long shifts where I have no access to my phone or internet. So I was late with the delivery for the add on (something that I was almost finished with and took a lot of work and research)and he ended up cancelling… the WHOLE order.

I then contact customer service because I did deliver the initial order and he accepted it. They told me that he can not use the delivery I gave him and if he wanted to he would need to reorder it. They then told me that they will contact the financial department to see if they can compensate me for my work.

So, I message him letting him know that he can’t use that work. I am very polite in how I say it as well. He then starts going off about how he had to give it to another person to complete because my work was inadequate. I told him again that he would be violating Fivver’s terms of service if he used my work after cancelling an order, even if he edited it again. Now, for the very first time, he starts talking about financial damages he faced because of the delay in the delivery. He claims that he has faced $300-$1000 in damages (which is quite a wide range) and that fivver will probably side with him. This he is saying after he offered to give me $10 (dramatically less that the order price) to make it go away, presumably outside of Fivver, which again is against TOS.

So now I am afraid that he might actually try to sue me even thought I hold no liability. I looked at the TOS for liability and I think it only waived Fivver’s liability not the seller. I know he probably wouldn’t have a case but the messages he is sending me have turned into borderline harassment

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#2

People who are going to litigate don’t threaten litigation, they talk to their lawyer and the lawyer contacts “you”.

People who threaten litigation want to scare people into doing what they want. There’s no contract suggesting anything about being responsible for damages due to lateness or non-completion.

Basically they are trying to make you go away. I’d inform them again that they are not entitled to use the material they haven’t paid for in any way. Don’t threaten them or say anything else about it. Say they have the option to pay for what they received and the price is $XX(XX?) and if they would like to do so they should let you know and you will send them a custom offer for the amount.
Ignore the empty threats and just stick to what you want, your payment for the work done. They probably won’t want to pay for it but if they do, do be aware they may leave a bad review.

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#3

He is a mess, and this is fake. I would totally stop talking to him since he cancelled the order. Don’t communicate with anyone issuing threats. He is full of it.
I’m so sorry you had to go through this. You should block him and try to put this behind you.

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#4

Once in a while you come across such kinds of people. Just delete and move on. I was actually attracted to this title? Things like this must have happened a thousand times over on Fiverr.

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#5

Don’t worry. He can’t sue you. There is no mechanism for him to do so.

He’s just on a power trip.

I’m sorry.this happened to you. How stressful on top of the mess you were already dealing with.

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#6

I can tell you are not in the USA> although in this case he won’t. He wouldn’t win even if he did imo.

#7

They can’t get your contact info, though, plus she isn’t his client. Fiverr is. He would have to sue Fiverr and that wouldn’t wash because of the ToS.

I’m aware that people sue readily in the U.S., but nothing in his contract with Fiverrr would allow what he wants to do.

#8

She doesn’t work for fiverr. He can go down to a courthouse and file the paperwork to sue her. His contract was with her.

#9

I didn’t day she did.

She is a sub-contractor of Fiverr, not a contractor of Fiverr.

Being a sub-contractor and being an employee are totally different things. You can’t sue any employee or a sub-contractor anyway so I don’t see what difference it would make.

Nothing in the ToS gives Fiverr or its sellers liability and this is such a bogus claim, anyway. Even if they could sue, this wouldn’t hold up in any court, if it would even get that far. This is something Judge Judy would laugh at.

If you have an issue, you sue the contractor, not the sub-contractor. And how can they do that without a name or contact info? They can’t force you to give that and what would they do if you refuse?

#10

She isn’t a sub contractor. I’m in the USA. She is an independent contractor. If she were a sub contractor it would mean fiverr hired her. Maybe things are different in Canada. I didn’t check what country she is in.

Here anyone can sue anyone.

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#11

No they arent.

When you are selling for Fiverr, you are a sub-contractor, not a contractor. You are not independent.

#12

In the USA the definition of a sub contractor is someone you hire. Fiverr did not hire her. She does not work for fiverr. She is independent and self employed. I pay US taxes so I know. But the laws might be different where you are.

I’m not a sub contractor. US tax code says I’m an independent contractor who pays self employment tax.

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#13

There is no contract between a buyer and a seller that holds the seller liable.

#14

We make a contract every time we sell someone a gig. That’s why fiverr is such a stickler that sellers do what the gig description says. It’s our end of the contract.

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#15

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#16

This is basic business law 101 in the USA.

A contract is simply an agreement. I agree to cast a spell. The buyer agrees to pay X amount for it.

That is a contract.

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#17

And that contract is to just to deliver work under a deadline. Tell me where in your contact with a seller that it says you are liable for damages and can be taken to court.

A contract must state the infringement and the consequence of the infringement in order for that action to be possible. You don’t get to apply consequences to it afterward. If it isn’t written explicitly in the contract, it doesn’t exist.

Contracts must have consequences built into them. You don’t get to decide what those consequences are post-contract.

#18

There doesn’t have to be that specified. You are in Canada and I’m in the USA so why argue about this.
Here anyone can walk into a courtroom and file a lawsuit against anyone for any reason almost.

I can sue General Motors for one million dollars by simply filling out a one page form and filing it in a courtroom. For no reason at all almost if I wanted to.

In some places you have to enter into arbitration but that is not usual.

I can sue the maker of my TV because it hurts my eyes. I can sue the city for having a crack in a sidewalk. Anything. Anyone. Except some government employees.

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#19

No it’s basic law. You don’t get to invent consequences that aren’t laid out in the contract. You can begin lawsuit proceedings, sure.

What I’m saying is that it won’t be accepted unless the terms of your contract make it possible. Yours doesn’t and the buyer’s supposed damages wouldn’t wash anyway.

How would you even get a subpoena for an international company anyway?

Judge Judy would laugh if you brought this to her. It would be mocked on television.

#20

Ok you aren’t familiar with our laws. It depends on where the fiverr seller is located which laws apply to them.

By your logic, if someone hits my car and cripples me for life I can’t sue them.

If a airbag in a car malfunctions and I’m injured due to that I can’t sue the car maker or the airbag maker.

1 Like