Will this work as proof in Small Claims Court?

Question

I woman i babysat for owes me $200. She was to pay me $100 a week, and she has not paid me for 2 of the weeks i watched her kids.

I have a copy of the receipt that i gave her for the first week, and a copy of the reciept that i gave her the last week. But i dont have anything for hte 2 weeks that she didnt pay me in between, and she doesnt have a receipt prooving that she paid me.

Will they see that i have not given her a reciept for a 2 week period, and use that as proof?

Answer 1

No, but it would show you have kept good records and can help in establishing that $100 per week was the agreed upon price for you to watch her children and bolster you position from that point.

Prior to even resorting to filing a claim in Small Claims Court, you need to try to show that you have attempted to collect the debt on your own. The way to due that is to send her a demand letter via certfied mail with a return receipt outlining what the agreed upon terms were for you caring for her children, the dates you have cared for children and dates she has not paid, and demand that she pay the amount in full within 30 days or you will have no choice but to pursue the matter in Small Claims Court.

Hopefully, she will pay you in full so you don't have to resort in going to Small Claims Court, because even if you win your case by proving by the preponderance of the evidence and get a Judgment against her, you then have to either try to get a garnishment on her wages (even then, it would be in installments set out by the Court), seize assets in a bank account or attach to any real estate that she owns, which can be costly and take a long time to process through the Courts.

In some states the Judgment is automatically attached to the real estate but the down side is that unless she has any incentive to want to clean up the titlework, such as trying to refinance her home or sell it it could sit out there for years.

Answer 2

Hi and good morning....You need as much evidence as you can obtain since lawyers are not involved in small claims. If you had written a journal or a calendar containing when you worked for this individual or witnesses this would help a great deal on your court case. Take everything and anything you can find to take to court with you. You should have given her some sort of document on the weeks that you had worked but she didn't pay, this would have helped you greatly in court. Good luck with your court hearing! Have a great day!

Answer 3

It will help, but it is not necessarilly dispositive of the case. In this situation, the Judge will sit as a fact finder and will basically just decide who to believe by weighing the credibility of each testifying witness. Most cases are decided in this manner. Very rarely is one party able to completely prove their case without some inferences being drawn by the fact finder.

Whoever gave me a thumbs down on this answer is an inbred moron.

Answer 4

She must provide proof she paid you, canceled check, reciept...ect....

Because you have proof you had an agreement by her paying some of the money it will be hard for her to say otherwise. I think your in pretty good shape, but make sure you bring everything to court, or you will be tossed out.

Answer 5

I to have to go to court. You neeeded a signed agreement for her. and at the end of each week have her sign it ,if she dosn;t paid you right away. If she saids in court that she owes you nothing , and you don't have proof in written then she will get off. DON'T sit for her no more. I myself go to court the 6 th about my back. I need a lot of prayers to pray for me too. Good Luck!!!!!!!!!!!!!!!!!!

Answer 6

Depends upon the judge, but in most cases, they will see it in your favor.