Wednesday, December 2, 2009

Will this document work as proof in Small Claims Court?

A woman oswes me $200 in child care. I wrote a paper, stating her name, how much she owes me, and why, and she has signed it. She had until August 31st to pay me, and she didnt, so now i want to take her to court.





The paper i have is just one i wrote myself in black pen. Will it count as prrof? She has signed and dated it.I didnt know if this wil lwork as proof, or if it had to be typed or anything? I also have a witness, my husband, who signed the paper as well.





So pretty much, she signed the paper i wrote stating that she owes me $200 for childcare for the last 2 weeks of August. And the paper is proof that i tried to get her to pay me before having to take her to court.





Should i have a good case?Will this document work as proof in Small Claims Court?
That should be all you need. Problem with Small Claims Court is not getting a judgement, but collecting it.Will this document work as proof in Small Claims Court?
sounds like you do...it's a contract, simple as that.
If she signed it and the signature on the paper is the same as on her drivers license, you should be fine.





Good luck and if your state allows make sure you include the filing cost for the court case in the amount you sue for.
you do have a written promise to pay. By signing the paper you gave her, she acknowledged the debt and her duty to pay it. This is good evidence. It should work, but it can be countered by other written evidence, like a cancelled check. In other words, you have the burden of proof that she owes you, and she must show that she does not.
you should have all you need.
Absolutely it is evidence. She signed it and she dated it indicating she agreed to the terms. You have an excellent case. Make sure you also ask for court fees.

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