Question:

Small Claims Court.. question?

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I was a Nanny for a woman who wrote me a bad check for $440.00, I contacted her about it and she's paid me $220.00 in cash, so she still owes me the other half. (She said she would meet with me at the end of the week to settle the rest, and never did). She has stopped communicating with me and I am not going to continue calling/texting her because it's getting me nowhere.

All I have are text messages that she has sent me stating that she will meet with me to pay the other half of the money.

Can I take her to small claims court over this?

Any suggestions or other solutions?

I have a copy of the original check; which she has taken back. It feels like it's just my word against hers as to how much she has paid me in cash.

Thanks for any advice!

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3 ANSWERS


  1. Small claims costs about $65 to file a case.

    Heck, if you had kept the check, you could have prosecuted (free?) for a hot check!

    So, the idea behind this court is to be cheap for average folks and not need a lawyer.

    I don't get why the previous poster thought otherwise!

    Grab any evidence you can.  Watch Judge Judy or one of those other court shows.  This is what goes on in small claims.


  2. You could take her to small claims court. It may cost you though more than what you are trying to get from her.

    And furthermore, even if there is a judgement placed on her (saying she has to pay you whatever amount of $) that doesn't mean she is going to pay you right then and there.

    Chances are, if she doesn't have the money to pay you now, she won't have it after small claims court.

    Sorry to say, but it sounds like you just need to write this up as a loss and move on.  From here on out, just consider cash or money orders as acceptable forms of payment.

  3. You can absolutely take her to small claims court.

    It is your word against hers but at least your admitting to the half payment and you also have the text messages to prove that she is admitting the dept to you.

    Good luck.

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