Can I sue someone for a verbal agreement?
Question Details:
I was watching a child for a friend and she was paying me. I have since stopped watching her child but she still owes me $700 and will not pay me. She was paying me here and there $10-$20 at a time but has stopped paying and she will not return my phone calls. We only had a verbal contract. Am I able to sue her?
You can sue for the amount you are owed; however, the problem is that the case is your word against hers. If you have additional evidence documenting that you watched her child on various occasions and the amount you were to be paid, that would strengthen your claim. If you were paid by check and have a record of the payments that would provide additional evidence. If anyone else was present as a witness while you were watching the child, that person's testimony would provide additional evidence on your behalf.
If you file a lawsuit for the amount you are owed, it should be filed in Small Claims Court.
You can sue her in small claims court on an oral contact, but you need to prove the case. Small claims was meant for situations like this. When it is your word against hers, the defendant will always win as you have the burden of proof. So any witnesses that say you paying her, any receipts, checks, et. will help prove your case. If you want an attorney to represent you I can do that. Feel free to contact me.
Cheryl P. Baraty, 414-352-4600
