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Sunday, March 14, 2010

Should we pay our baby sitter for what she did?? Please read for details..?

My wife and I have a problem. Our babysitter, which is one of my wife's good friends has been watching our child for about a 5 months now. She also has a 2 yr old daughter that is the same age as our son. My wife and babysitter have been friends for 10yrs. But, she dosen't work and her husband does. And she only watches our son on Wed's. Well, we have had stuff stolen our of our house, and she stole a check and cashed it before but she denied she ever did cash it. (It was made out to her). Well, last wk, I came home and she told me my son and her daughter got in a little fight and that he has a mark on the back of his leg. She claimed her daughter hit him w/ a shoe. It looks exactly like a hand print. We took pics of it also. That was the last time she watched him. We owe her about $90. For the 2 days she worked. She keeps asking for the money but my wife dosen't want to pay her for what she did to our child. She is takin a lean out on us in court. Shoud we pay her??

Should we pay our baby sitter for what she did?? Please read for details..?
yes
Reply:She is not taking a lean out on you, she may take you to small claims court for the back pay.





I would pay her the 90.00 and fire her ***, change the locks on the house and make sure all your blank checks are accounted for.





Get a new babysitter, and your wife should find a new friend.
Reply:Take her to court. She is only suing you for a little bit. Take your bank statement and the picture to prove she cashed the check and hit your son. I wouldn't put up for that behavior. You should believe your son because if you don't and she did actually hit him, you would feel really bad.
Reply:Legally she will get the money! She did watch your child for you. You shouldn't have allowed her to watch him after you first found out she wasn't trustworthy. I would take the photos to the police and show them and tell them the same story she told you about how the mark happened. Find another babysitter!!!!!!!!!! A little mark may not be the only thing that happens next time! If she got a lien put on your house, then that means that you can't sell the house without paying her first. Your deed is no longer clear. She can do this with your house, vehicle, or pretty much anything with a deed! So you will have to pay her to get it cleared.
Reply:well she stolen money from you and other things you have a picture which is a smart thing that you did and for me to spank or slap my sons hand is one thing but I'm his mother and everyone has different ways to disabling their child but if i was watching someone else child i treat them the way their parents treat them and if you have proof that she stolen a check then let her take you to court you have things that prove she wasn't doing her job right but if you don't want to take the time to go to court then give her the money but if you win in court then you can get her to have to pay the court fees
Reply:I would not pay her and there cant be a lean on you do you have a copy of the check she stoled from you and the pic take that to the cops asap dont pay her
Reply:I'd be court and producing the evidence of what she stole from me including that check and I'd get a doctor's report of how that bruise got on my kid. I'd battle it out with her.
Reply:you should of contacted the police and had her sited for abuse. a lean is not good get an attorney.
Reply:Yes, they will make you pay her, but you should file a lawsuit because she abused your kid.
Reply:Take the photos to the police department and file a police report. What she did is a felony. If she even tries to put a lien on your property, you can show the police report to the judge, but I highly doubt she'll follow through once she knows she's facing felony charges.
Reply:Pay her and find someone else new to take care of your child. I do understand you not agreeing on what happen to your child but she did take care of your kid and she deserve to get paid. If you feel and have proof that she had something to do with the stolen check and stuff, bring it up in court if you decide to take that route.





A lien, is a hold of expense on your property, if you decide on not paying. Also, if you wanted to sell your property, the cost will be deducted before you get paid for the property.
Reply:dont pay her she probably hit ur child!
Reply:I would have filed criminal charges against her for stealing and forging a check.





Why you would continue to trust her with your child, I don't understand; but, since you did you probably owe her the money.





It is probably easier to just pay the $90 than going to court.
Reply:Call the cops and have them involved. Sue her. Or, pay her and tell her you never want to see her again. Also, about the check, charge her with fraud.
Reply:Don't pay her, end your relationship with her.





She stole from you. Although that will be hard to prove if you made the check out to her.





She assaulted your child, leaving a mark, and you have evidence for that.





A lien is when you owe someone money, and they file court papers to try to get the money back. For example a contractor who is building you an extra room on the house, could take out a lien for work done. The lien would prevent you from selling your home until he was paid.





But I very much doubt there is any way she could do something like this as a baby sitter. It takes a pretty good knowledge of the court system to do it. She could sue you in small claims, but that is going to cost her $100 or so just to file the papers.





So tell her to leave you and your wife alone. Tell her if she tries to pursue anything you will file criminal charges against her for assault. Even if you can't prove she did it, it is still negligence since she was in charge of your son at the time he was injured.





Basically, the reason you don't have to pay her, in my opinion, is she is in breach of contract. You agreed to pay her, if she cared for your child for a period of time. You can now argue that she failed to care for your child in a reasonable manner. So on that basis she would be unsuccessful in a claim in my opinion.





I'd tell her straight. You want to go to court, go for it. I sincerely doubt she ever will.
Reply:IT's actually called a 'lien' against you. It's is usually against your house meaning that if you were to sell it that she would get the first $90 (I think). It would seem hard to do that for $90. I would pay her the money because you do owe it to her. I know it seems like you don't want to and that she doesn't deserve it, but you have to. She fulfilled her obligation that was asked of her. I would just sever ties at this point and chaulk it up to experience. I know you are probably devastated and hurt. Good riddens to this girl!
Reply:No matter what you owe her the money. You may not owe her your continued friendship.
Reply:no i would not pay her and if she would take you to court she was never a friend and prob just stole and used u guys. im sorry to hear this i hate when people take advantage. i doubt she will take you to court , especially over 90$ and keep those pics cause she probably smacked him. im glad shes not watchin your kid now.
Reply:Did you ever call the police about the theft %26amp; abuse? Let her take you guys to court %26amp; file a countersuit for the money stolen %26amp; for the abuse she put your son through. That woman is SICK! I wouldn't pay her a penny!
Reply:Keep confusion down and give her the money and don't allow her to watch the kids anymore because your creating drama by not paying her and you don't have to see her or deal with her anymore if you just pay her and get her out of your hair, all this for 90.00 is uncalled for and she did watch your son so, if you didn't call and report her to the police while she was there and show them the bruise on your son then it's not that deep! Give her the money and cut the problems out your life!!!!!!!!!!!!!!!!!
Reply:a lean has to be paid to her before you can sell your house or borrow money against it...





So give her $100 bucks, and tell her "your sooo pitiful" .
Reply:Hello.. she would've gotton her a$$ beat after stealing the check so I feel you don't owe her anything!
Reply:No matter how much you you feel justified in withholding money you really do not have a legal leg to stand on.





When someone works for you they must be paid.


The quality of that work may be under debate but not that the time was spent.





I would be tempted to suggest that you are not getting the whole story and that are not going to pay her based upon your


suspicion that it was her that abused your child. You could add that any attempt to collect would result in a police report.


Eventually she will be able to collect and any chance of continued "friendship"(?) will be gone.


The time and energy you spend will be considerable and you will be made to explain how she stole a check intended for her and how you were able to leave your children with a woman who was a friend that stole from you.





Perhaps the money would be the easiest solution.
Reply:Pay her, but then take her to court for hitting your daughter. Also if you have proof that she stole a check from you guys and cashed it, why didn't you tell the cops?
Reply:I'm not sure what a lean means exactly, but if I were you, I would just pay her the $90 and be done with her. If she takes this to court, they are probablygoing to require that you pay and you could possibly get stuck with court costs as well.





I know this is very frustrating! I had a similar experience when my son was 2. Unfortunelty you will have to have concrete proof that she did something to hurt your child, and even then it is viewed as a seperate issue where the courts are concerned. You could bring criminal charges against her for the check and child abuse, but you will have the burden of proof.





Again, I would just suggest paying her and then NEVER have anything to do with her again! Good luck to you!!
Reply:I would go to court.


Show proof of the hand print.


Show proof of the check she cashed.


How much was the check?


Also see if you can press charges on her for stealing the check and cashing it.



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