QUESTION
I paid a caregiver for my 95 year old dad, $612.50 through Zelle and she never worked. What can I do if anything to recover my fathers money?
Asked on Nov 12th, 2020 on Elder Law - Texas
More details to this question:
She had been working for me almost a year and the day she was supposed to relieve my other caregiver, she was a no show and her daughter even went so far as to text me to say she was in the hospital. I tried reaching out through text and voice message and no response. I found out she is working her other job she has at a Nursing Home. Since Covid hit, I have been making 1 visit a week to see my dad and pay my caregivers, so I paid her before her work schedule. I have the receipt from Zelle, that shows the days I paid her for and even filed a claim with the bank. I also have proof of payment to my other caregiver for the same days.
1 ANSWER
2 Awards
You can bring an action in Justice of the Peace court. You do not need a lawyer. But please keep in mind that after you win, you must pay to enforce the judgment and there may not be anything from which to recover. She is unlikely to have any discoverable non-exempt assets.
You may do better by sending her a demand letter certified mail, return receipt requested, informing her that if she does not return the money, you will report her to the state nurses' registry. This would affect her employment prospects.
Answered on Nov 13th, 2020 at 6:28 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.