“What Are You Going To Do, Sue Me?”
There exist a small subset of online hustlers and other imbeciles who threaten to sue at every given opportunity.
This article is totally not legal advice in any way, and obviously threats of legal action should be taken seriously… but in 99% of cases, you’re probably talking to an idiot.
Check this out:
Here we have… I’m not sure. It reads like some kid has hired a Fiverr guy to do his schoolwork (HAHA) and the project isn’t actually what the assignment was. So naturally he wants his money back ($400) and the freelancer is supposed to give it back or get sued.
Sued online by his father the lawyer that is.
The Serious Point Here
Numerous times across the blog, I’ve stated the importance of knowing your rights as a freelancer and as a businessperson.
I’m posting this article because I know a lot of small entrepreneurs deal with morons who threaten to sue people over stuff that’s literally impossible to sue successfully for. The point isn’t a law suit: It’s to intimidate guys like the freelancer above into giving back money. The claim is utterly baseless in that scenario, but in many scenarios like this, freelancers get scared that their life is going to be ruined if they get sued.
So here’s another reminder: Know your rights, understand how contracts work and get a basic understanding of the law.
Again, this article isn’t legal advice, but:
- You sign a contract and you have to abide by those terms.
- You have to abide by the law.
- Neither party can renege on the contract, otherwise they are in breach – though still liable for their responsibilities (i.e. you can’t break the contract by not paying someone in order to null the contract so you don’t have to pay them)
The above points basically cover most of these stupid guys with their stupid threats, but I’ll add another because of the example I’ve used:
When you’re working through a third party (like a freelance site) you have to be aware of who the involved parties are and how they affect the contract.
Let’s Take A Step Back Though… What Would That Guy Be Suing For?
Using our three-point checklist, you’d ask the question of yourself:
- Did I break the contract? (In the example – no; the agreed project was delivered)
- Did I break the law? (No)
- Have I breached or reneged on my end of the contract? (No)
Add in the fourth bit: the freelance site (Fiverr) have held the money in escrow and then delivered it after their terms have been met.
Can this guy sue? Taking the information at face value… he could sue (you can sue for anything – suing is an appeal to a court) but he couldn’t in any way, shape or form win.
Let’s look at some other dimensions that affect the online world.
Other Dimensions
When people threaten to sue online, realise that suing is something done in a court of law. It’s also done in a particular location.
That affects a ton of things.
Let’s say a guy from the US wants to sue a freelancer from Croatia. Does he sue in Croatia? Can he even possibly do that? What purpose would it serve?
Or, he can sue in America… but again, what purpose does that serve?
The second dimension and key one to a lot of these stupid arguments: This all costs money, time and the returns are weighed against the cost.
In real totally-not-blog-hustle business, it’s very rare that anyone sues for $500. The court costs and lawyer fees are too high. Any money at that level is eaten up, and chances are if you’re dealing with someone stealing $500, it’s a fair bet they don’t have $500 to give you.
It’s a very small amount and most places write it off as a bad debt or operate through various debt collection means as opposed to the courts.
Add in the international dimension where there’s no possible way to recoup that money… and it’s a total waste of time and empty threat. Throw in the fact that when you’re operating through a platform like Fiverr, you have no idea who you’re doing business with, where they are or anything about them.
There are countless little other details that could all be a reasonable last nail in the coffin, but I’ll stop and conclude with the key takeway here.
Final Thoughts
You never lose out by learning about the law and your rights. You might also gain a lot. Like, for instance, not having to worry every time somebody says, “I’m going to sue you” even though the very idea is a joke.
Freelancing and business is stressful and it naturally encourages people to have fears and apprehensions about the future. If you’re an honest, hardworking and diligent businessperson, you shouldn’t have to worry about some short-tempered hustler threatening to sue you. In most cases, you don’t.
Obviously, knowing the law does most of this work, but as a disclaimer once again: This isn’t legal advice, do your own homework and seek counsel if you’re scared. But you shouldn’t be.
Also… as a postscript; if you’re a dick who threatens to sue people because you can’t afford the bill or you’re otherwise running some unprofessional business, stop being a dick.