What can I do if I agreed to babysit for a friend and she agreed to pay me gas money and then later agreed that I would receive $100 for my time but now she is refusing to pay?

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What can I do if I agreed to babysit for a friend and she agreed to pay me gas money and then later agreed that I would receive $100 for my time but now she is refusing to pay?

She is having her husband “deal” with me, who is also refusing to pay.

Asked on September 24, 2015 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue her for breach of contract--even if there was no written agreement about babysitting, if there was an oral or verbal agreement that she'd pay you a certain amount, that oral agreement is enforceable. You'd have to prove in court, such as via your testimony, that the agreement existed, was entered into before your babysat, the terms of the agreement, and that you did babysit. Your "friend" can present her opposing or contrary testimony, and the judge will decide who is more credible. For this amount of money, it would only make sense to sue in small claims court as your own attorney "pro se" however, since the filing fee will eat up a portion of what you can get you can only get the amount of money they promised to pay and you'll spend the better part of a day in court, it may not be wortwhile to do this. Unfortunately, a lawsuit is the only way to make her pay if she won't do so voluntarily, but it may not be economically worthwhile to sue.


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