What is the name of your state? Wisconsin
I babysat an infant (dob 4/16) from May 7 thru August 6. The rate was $20/day, and the baby was with me from about 8:30a-5:30p.
Though I do NOT have a written contract of these terms, I meticulously documented the amount of days this baby was with me.
This baby's mother was very irresponsible with payments. She originally told me I would get paid when she got paid; I knew when she got paid because she and I both work for the same employer (opposite shifts.) The first payment was on time no problem, paid by personal check. The second payment was cash, and less than half of what is owed. She promised me the rest with the next paycheck. She followed through and paid me the entire amount the next time, and paid by check again. However, before I could cash the check she overspent on her account and the check was refused due to insufficient funds. I informed her of this and that she would need to also give me $29 for my bank account going into the negative. She then gave me $200 cash, which made up for the check but not the accrued days in between there (I told her cash only from now on.) Finally, 4 weeks ago, she paid in full the entire amount owed for the additional accrued days, as well as what was owed from the past.
At the very end of last month, though I am unsure of the exact date, I gave notice that I would not be watching the baby after the end of August because I would be returning to school. I told the mother I would give her a specific end date in a couple of weeks (which would be right about now.)
In the past month or so I have not seen or talked to Mom much because when she would drop the baby off in the morning, she would let herself in my house and put the baby in the bedroom with me, careful not to wake me. And then by the end of the day I still wouldn't see her because by then I'd be taking a nap for work that night (my work hours are 8p-4a.) My husband would be home with the baby until Mom came and picked the infant up. I have 3 other children, ages 3 and under, who I am up with during the rest of the day (from about 9a/9:30a until about 3p when all three go down for their naps.) So NO, I do NOT sleep all day while this child is with me; she is taken care of adequately, and Mom knew my work hours before she asked me to watch this child.
So two weeks ago we got paid again on a Friday, though I didn't see the baby (or mom) again until Tuesday. Mom switched her hours one day and I found her at work and asked her to pay me by that Thursday or Friday (which was just last week,) and she said she would. However, she did not.
The last day the baby was here was Monday, 8/6. When she picked the baby up she told my husband, "I'll see you tomorrow." The baby was a no-call, no-show on Monday 8/7. I called mom and left a message on her voicemail asking what had happened, and she never returned the call. I called again (while I was at work,) at about 10:00p, and mom answered the phone. She told me the baby wasn't coming over again because she didn't "appreciate the way (the baby) was when she picked her up the other day." I had wrapped/swaddled the baby so that she wouldn't spit the pacifier out. I asked her when she was going to pay me, and she said she'd pay me "tomorrow," which was yesterday, and I still have not received payment. I did call and leave a message on her voicemail yesterday, simply reminding her that she told me she'd pay me, and asked to return my call. She never returned my call.
I know this is a bit premature, but due to her refusal to return my messages, I am assuming the worst, that she will not pay me the $160 she owes.
DO I HAVE ENOUGH TO TAKE HER TO SMALL CLAIMS? Or will I be laughed at because I don't have a contract or proof of her payments or nonpayments?
I babysat an infant (dob 4/16) from May 7 thru August 6. The rate was $20/day, and the baby was with me from about 8:30a-5:30p.
Though I do NOT have a written contract of these terms, I meticulously documented the amount of days this baby was with me.
This baby's mother was very irresponsible with payments. She originally told me I would get paid when she got paid; I knew when she got paid because she and I both work for the same employer (opposite shifts.) The first payment was on time no problem, paid by personal check. The second payment was cash, and less than half of what is owed. She promised me the rest with the next paycheck. She followed through and paid me the entire amount the next time, and paid by check again. However, before I could cash the check she overspent on her account and the check was refused due to insufficient funds. I informed her of this and that she would need to also give me $29 for my bank account going into the negative. She then gave me $200 cash, which made up for the check but not the accrued days in between there (I told her cash only from now on.) Finally, 4 weeks ago, she paid in full the entire amount owed for the additional accrued days, as well as what was owed from the past.
At the very end of last month, though I am unsure of the exact date, I gave notice that I would not be watching the baby after the end of August because I would be returning to school. I told the mother I would give her a specific end date in a couple of weeks (which would be right about now.)
In the past month or so I have not seen or talked to Mom much because when she would drop the baby off in the morning, she would let herself in my house and put the baby in the bedroom with me, careful not to wake me. And then by the end of the day I still wouldn't see her because by then I'd be taking a nap for work that night (my work hours are 8p-4a.) My husband would be home with the baby until Mom came and picked the infant up. I have 3 other children, ages 3 and under, who I am up with during the rest of the day (from about 9a/9:30a until about 3p when all three go down for their naps.) So NO, I do NOT sleep all day while this child is with me; she is taken care of adequately, and Mom knew my work hours before she asked me to watch this child.
So two weeks ago we got paid again on a Friday, though I didn't see the baby (or mom) again until Tuesday. Mom switched her hours one day and I found her at work and asked her to pay me by that Thursday or Friday (which was just last week,) and she said she would. However, she did not.
The last day the baby was here was Monday, 8/6. When she picked the baby up she told my husband, "I'll see you tomorrow." The baby was a no-call, no-show on Monday 8/7. I called mom and left a message on her voicemail asking what had happened, and she never returned the call. I called again (while I was at work,) at about 10:00p, and mom answered the phone. She told me the baby wasn't coming over again because she didn't "appreciate the way (the baby) was when she picked her up the other day." I had wrapped/swaddled the baby so that she wouldn't spit the pacifier out. I asked her when she was going to pay me, and she said she'd pay me "tomorrow," which was yesterday, and I still have not received payment. I did call and leave a message on her voicemail yesterday, simply reminding her that she told me she'd pay me, and asked to return my call. She never returned my call.
I know this is a bit premature, but due to her refusal to return my messages, I am assuming the worst, that she will not pay me the $160 she owes.
DO I HAVE ENOUGH TO TAKE HER TO SMALL CLAIMS? Or will I be laughed at because I don't have a contract or proof of her payments or nonpayments?
Last edited: