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We fired our nanny and she has filed a lawsuit against us. We were paying her on the books but in cash after 40 hours a week.

New York, NY |

She seems to be claiming that we did not pay her for the over time, the cash portion.

The lawsuit was taped to our front door so I'm wondering if it has been served correctly. If not, is there anything I need to do?

Attorney Answers 4

  1. It is unlikely that you were properly served, but without reviewing the papers and knowing more about the situation, it is impossible to say for sure. I'm sure this has already occurred to you, but no matter how "right" you believe you are and how well documented your evidence, you can expect to save both time and money by seeking competent legal counsel to help you make this go away. I'm sorry you have to deal with this, but it can be resolved. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

  2. Yes, you certainly "need" to attend to this - or you may land up with a default judgment against yourself, which would be an uphill task to set aside. Whether you consult with an attorney or choose to handle it yourself, you should not ignore this.

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  3. Consult with an employment attorney who has experience handling overtime cases.

  4. Consult with an employment lawyer off line. What is posted here is not privileged. You may have some exposure once service is done correctly.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

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