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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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).

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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