How to get a civil case dismissed when I am being wrongfully sued by a disgruntled terminated house employee?

Asked over 1 year ago - Evans, GA

I am being wrongfully sued by a nanny I fired who claims I never gave her a paycheck. This is a lie and I have evidence that the payment was direct deposited into her account. She had her husband, who inever met, come harass me at my home. She violated our nanny contract by not returning keys after termination. I noted this all In my answer to the court. Yet I am still being given a court date. She was fired for violating the nanny contract after being given two previous warnings regarding the same thing: not notifying me in a home emergency. Like our water went out twice, instead of calling me she let my daughter and her use a non working toilet the entire 8 hours. The last incident was when I came home to my kitchen sink flooding and it had been that way for the whole day.

Additional information

With my answer I submitted the direct deposit notification to the courts that stated she was paid and for what days she was paid. I also included her timesheets and my record of her hours.

Attorney answers (4)

  1. Scott Benjamin Riddle

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Cases are not dismissed merely because you have a different story than the other side. Otherwise, there would never be any trials or lawsuits because everyone's answer would say the plaintiff is wrong. A judge has no reason to believe you over the nanny at this point. Unless you settle, there will be a trial and the judge will review whatever evidence there is, and choose to believe one side or the other. Since you are the party who has more to lose (not the money - but a judgment that will follow you around and harm your credit for years), you need a lawyer now and needed one before filing your answer.

  2. Ainsworth G. Dudley Jr.

    Contributor Level 12

    1

    Lawyer agrees

    Answered . I don't know how much money is at stake in this litigation, but I suggest you spend the money to consult with an attorney for thirty minutes to an hour and obtain some advice regarding your options. Good luck.

  3. Scott J. Klosinski

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Sounds like a he said nanny said issue. You are going to need a lawyer. if it is magistrate court, however, to pay the debt may be easier and cheaper than hiring a lawyer.

  4. L. Maxwell Taylor

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I think you are telling us that you are being sued in small claims court, and that your nanny says one set of things about the facts, and you say another set of things about the facts. Generally speaking, when the material facts are in dispute, a hearing is necessary, because courts aren't supposed to make determinations on genuine factual disputes without a hearing.

    Sometimes where facts aren't in dispute, a court can dismiss a case either because the plaintiff's complaint doesn't state a claim (i.e., even if everything the plaintiff says is true, the court can't grant relief), or because the material facts aren't in dispute and the party that asks for the dismissal proves entitlement to judgment as a matter of law. But I suspect on the facts you describe above that the court will have to have a hearing to sort out what the real facts are.

    Not legal advice as I don't practice law in Georgia. It's just my two cents on the facts you describe based on some general principles of law. If you need legal advice, please consult Georgia counsel. I practice in Vermont ONLY.

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