by abelard29 » Thu Jul 05, 2012 6:34 pm
You can bring anyone you want to small claims court - but you had better be prepared. Do you have witnesses that saw you at work? Can you prove that you were at work? You need to substantiate every detail and have it in writing, or it will get thrown out.
Right now the argument is your word against hers. You should start by sending her a certified letter (certified because she has to sign for it, and that gives you proof that you sent it) outlining your exact claim; the dates and times you worked and the exact sum of money you think you are owed. Nevermind if you have talked about this with her before - you are creating a "paper trail" in case you have to prove to a judge that you provided her with your hours and requested (demanded) to be paid. Keep track of her response - if she calls you on the phone take notes - date and time of the call, and what is discussed.
Do NOT let yourself get lured into an argument. Stay calm - be professional and firm but not nasty or accusatory - don't blame her for anything and even if you think she's completely ripping you off, let her save face by calling this a "misunderstanding" or an "error".
If she makes you an offer, consider taking it and walking away. No lawyer will represent you for this small amount of money, and chances are before you go to court you'll sit with an "arbiter" who will try to get both of you to compromise anyway.
You can give her thirty days to pay you - that's not unreasonable. Don't threaten her or be "demanding" - just say in the letter "I look forward to your response within thirty days" and don't deal with her after that.
If you don't get any satisfaction, then go down to the court and file papers.