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Is this really a case for small claims court

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protime

Junior Member
What is the name of your state? New Hampshire

I run a residential clening business. 4 months ago someone questioned us relative to missing $300 she left out in the open. We actually cleaned the house twice in the time frame(3 weeks) she said she noticed it was missing.

We informed her that we did not see the money. I feel real confident in the team I had cleaning the house - we did not take it. She discontinued the service for another reason.

Now 4 months later, she says she wants to be compensated for the loss. She has indicated she would be taking us to small claims court.

If she is claiming theft is that even a case for small claims court?

We could settle, but I'm convinced we are not guilty. She has no proof other than a receipt from the bank indicating she took the money out of the bank.

Do I swallow my pride on this one?
 


divgradcurl

Senior Member
protime said:
What is the name of your state? New Hampshire

I run a residential clening business. 4 months ago someone questioned us relative to missing $300 she left out in the open. We actually cleaned the house twice in the time frame(3 weeks) she said she noticed it was missing.

We informed her that we did not see the money. I feel real confident in the team I had cleaning the house - we did not take it. She discontinued the service for another reason.

Now 4 months later, she says she wants to be compensated for the loss. She has indicated she would be taking us to small claims court.

If she is claiming theft is that even a case for small claims court?

We could settle, but I'm convinced we are not guilty. She has no proof other than a receipt from the bank indicating she took the money out of the bank.

Do I swallow my pride on this one?
Yes, this is a small claims case. Theft can be criminal, but it can also be civil -- it's called "conversion" in the civil case.

As to whether you should settle of not, it depends on what your time is worth. She has the burden of proving that you took (or "converted") the money -- if she doesn't have the evidence, she won't win. If you don't think she has the evidence, and don't mind spending a day in court, then fight it. If you would rather not hassle with the day in court, settle.
 

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