Can I sue someone for not paying me, if I was babysitting without a license?

UPDATED: Oct 2, 2022

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Can I sue someone for not paying me, if I was babysitting without a license?

I watched a mothers 2 boys ages 2 and 6, with one of my friends whom is also a mother for a week for 40 hours. We agreed 5 an hour for both kids. She refuses to pay us now that pay day is here. She also told us we would be watching them from 9 am-6 pm. She would drop off at 10,11, or 12 pm never 9 am like we were told, and she would never pick up until 7 or 8 pm. She is also accusing us of loosing some of her kids’ clothes she put in the diaper bag, which we know for a fact that every time we changed the 2 year old we put the clothes back in the bag if we even needed the clothes. She tried coming over to my house at 9:30 pm to get these so called clothes and got super mad when I told her I was in bed trying to sleep and not to come over.

I am not licensed but I do have knowledge and experience with childcare; I previously worked at a daycare. I really need the money and if that means I need to spend 25 to submit a claim in small claims for $200, I will do it.

But will I get in trouble since I was not licensed? I have looked all over online and cant even seem to find a straight answer on when I even need a license.

SOMEONE HELP Very overwhelming situation.

Asked on July 27, 2019 under Employment Labor Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no license needed to babysit and you will not get in trouble for not having a license. 
You can sue her for the money; there was an agreement between the two of you that she would pay you a certain amount per hour for babysitting. You did your part; therefore, she is contractually obligated to do her part and pay you. You can also include the filing fee (e.g. $25) as part of your claim, so as to recover it, too.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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