How can I get paid from a person who I worked for who is using her house as a daycare?

I have been working for a church member at her home where she’s running a daycare. She deposited a check in her account about 3 weeks ago and for about 2 weeks she keep telling me the bank hasn’t release the money. I called her for the past couple if days asking her

about my money and she tells me is at the bank she’ll call me back. However, she never calls. I need my money because my bills is due and about to get disconnected. What should I do?

Asked on May 27, 2016 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue her for the money: that's how you get money from someone who owes you money and does not or will not pay it. A good option is to sue in small claims court, acting as your own attorney (to reduce legal fees) for breach of contract (for violating the agreement, even if only an oral or unwritten one, pursuant to which you agreed to work in exchange for pay) and for unjust enrichment (she receiving the benefit of your work without paying for, which the law considers unjust).


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