Legal Question in Family Law in Indiana

Hi, When we started using this sitter, she had us sign a contract and return it to her. We never got a copy of the contract. In the past few months she started changing rules and would occasionally send a letter home mentioning the new rule. One of the last being that even if your child is absent, you still must pay the sitter. Then about Thanksgiving she said she had to be paid for Thanksgiving day and the day after but we had to find other childcare those days. Then she came up with the rule that she had to be paid a week in advance. She is not licensed. So we quit going to her. Today we received a certified letter from her stating that we owed her payment for two weeks since we did not give her a notice we were quitting. Also, she said when my mom watched the baby recently, that we had to pay for those two days also.My mom has watched the baby most Mondays for 8 months now. The baby only went to the sitter on Thurs and Fri and one Monday of the month. She never made us pay when my mom kept the baby before! She says our grand total due is $120 dollars by Feb. 10th or she is going to take us to small claims court. She never gave us a copy of the contract and we mentioned that to her. Anyhow, does she have a winning case? Thank you so very much.


Asked on 2/02/10, 3:07 pm

1 Answer from Attorneys

Without a copy of the contract, it is impossible to say. Next time, do not sign a contract without receiving a copy.

You should do some resaerch as to whether the property where she would host your child was

zoned properly. Be sure to report the payments that you made to her to the IRS. Ask her for her employer id number or social security number. If she fails to provide it, ber sure to report her. Make her regret the $120.

Also, if she does sue you, besure to insist that she attaches the contract to the small claims claim. Read the small claims rules and watch the video at the Indiana Judiciary Website.

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Answered on 2/08/10, 4:41 am


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