Legal Question in Elder Law in California

I have a written IOU from 2011, I made the demand for payment in May of 2014. Can I still go to small claims court. The amount owed is $9,300.00. They made a payment of $100.00 to me in June (?) of 2013. They were my caregivers for 7 months and left me with a past due water bill. I'm 66, I consider some of their caregiveing to be abuse. No food for a month ? I just want my money back, can I still sue them?


Asked on 4/09/15, 11:19 am

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

The statute for the breach of a written contact is four years from the date of the breach (when the money was due and they didn't pay - which is May 2014. So, you should still be within the applicable statute of limitations. You can slso sue in Small Claims Court for a maximum of $10,000.

The bad news is that 1) defendants in small claims court get an automatic appeal and new trial if they want one (you, as plaintiff don't get this) and 2) people who work as caregivers don't tend to have money to pay off court judgments and settlements.

You could also contact the authorities (Adult Protective Services, the Police or Sheriff (don't call 911, it's not an emergency) and the District Attorney's Elder Abuse prosecutor) but don't count on them concluding that there is probable cause that a crime has taken place.

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Answered on 4/09/15, 1:54 pm


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