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i was baby sitting this lady kid for 1 week and she doesn't wanna pay me and she said i was charging to much and i worked for 9 hours a day or it depend when her husband got off work the child was 2years old and i didn't ask for to much i only charge 20$ a day and she ignoring my call can i sue we made an agreement that she will pay me for watching her kid every two weeks but after one week i watch her kids she been ignoring my call

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well it not much i need money for collage and she quite on me so i have no way to pay for my school
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Attorney answers (2)

Reputation Level 20
If she did not pay you according to an agreement, you could sue her in small claims court. However, you would have to pay a filing fee for your suit and the cost of having her served with the paperwork.

If I understand correctly (punctuation helps!), you worked for a week at twenty dollars per day. That means you would be suing for around a hundred dollars. It would cost you about fifty dollars in costs to get the suit started, which she would be ordered to reimburse if you won, but that could take a while. It is also one thing to win a lawsuit and another to get the other guy to pay the judgment ordered by the court.

The philosopher Voltaire wrote, "I was only ruined but twice: once when I lost a lawsuit, and once when I won one." He said it hundreds of years ago, but his point is still just as valid today: suing somebody is almost as stressful as getting sued for yourself. It probably isn't worth the time, money and aggravation to sue somebody for a hundred bucks.

Please understand that this is a general discussion based on California law and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Avvo, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.
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John M. Kaman
John M. Kaman, licensed in California

Reputation Level 20
It's not clear that you actually had an oral contract with this lady since you disagreed on your daily fee. For a contract to be enforceable the terms need to be certain, and price is a material term.

So instead you could sue her in Small Claims court if she refuses to pay you for the reasonable value of your services. The Latin name for this claim is "quantum meruit," and you'd get more than $20 per day, especially for a 9 hour day.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relations
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