DCM's Lawyer Called Me

[EntropyControlSpecialist]

I hope this gets resolved quickly and without much stress. That doesn't seem right. You WERE there at her contracted timed, so you didn't break your contract. :confused:

[blandino]

The difference would be that if you missed a doctor's appointment doc couldn't still charge you or bill the insurance company regardless unlike many providers who are set up the opposite.


I do think OP needs to sort out whether dropping it or getting her own representation is the best route to take at this point.

I can sort of see where he's coming from and do think they might have a decent argument unless everything is laid out to the minute and all stipulations about how she runs contracted hours are crystal clear.

Not trying to be argumentative, but if I missed a Dr. Appt - or a hair appt (which is a better example) I would have to pay for the appt. of I ever wanted to return. My Dr. Office has a missed appt fee also - but it isn't the whole fee, like my hair stylist is.

[LaLa1923]

Ok, I am not an attorney but I did think I'd be one someday....

Since you have a specific rule about late drop offs and DCM did not follow that contract SHE broke her end of the contract and has no rights to expect you to follow through on your part of it.

She cannot disregard certain rules and expect you to only follow the ones she wants you too.

Her actions came BEFORE yours, therefore SHE voided any obligation you have to be available to her. You WERE available to her at HER designated time and she chose to disregard that and show up at a later time in which your contract states is ONLY acceptable if she makes arrangements the day before.

Her lawyer is using scare tactics to freak you out and in all honestly, I would call her/his bluff. A true lawyer would never contact the party their client wants to sue and "scare" them. He would instead advise his client to persue this matter in court for everything she can...kwim?

You need to go ahead and move ahead with collection against this mom and file in small claims court. Or better yet, contact an attorney yourself and ask for their advice. The first consult is usually free of charge.

Hugs for dealing with this....I know it sucks.... I've had similar experiences with lawyers trying to push their "authority" around

I think the same.

I think regardless, if she wanted to terminate care that is her right to do so. BUT she must do so pursuant to the contract and that she did not do.

[TheGoodLife]

And I certainly wouldn't be contacting her lawyer to fence words with him anymore. Wait for your lawyer. Not to mention just because the lawyer doesn't think it's valid, it's really up to a judge, kwim? If you have a lawyer who thinks you can win, I'd go for it, just out of principle!
AND go for pain and suffering LOL!

. Agree, this person is trying to scare/bully you for something you are rightfully owed- don't let them!

[williams2008]

My first word of advice to you is DO NOT SPEAK WITH THE LAWYER. He will try to take anything you say out of context. Do not explain anything, don't go over the contract with him, don't speak a single word to him. If and when you have representation, send his information on to them and let him know he is no longer to contact you directly. DON'T TALK TO DMC either!! Now that she has taken legal action, you need to be very careful about any exchanges. Stay polite, but let her know you have been advised against communication at this time. If you don't mind, post your contract here (or at least the parts relevant to the case). I think it will become very obvious who is responsible for what. In the event your contract doesn't cover these items, your lawyer will have a better understanding of what is expected and usually ruled in your area.

I agree!!

[MyAngels]

My first word of advice to you is DO NOT SPEAK WITH THE LAWYER. He will try to take anything you say out of context. Do not explain anything, don't go over the contract with him, don't speak a single word to him. If and when you have representation, send his information on to them and let him know he is no longer to contact you directly. DON'T TALK TO DMC either!! Now that she has taken legal action, you need to be very careful about any exchanges. Stay polite, but let her know you have been advised against communication at this time. If you don't mind, post your contract here (or at least the parts relevant to the case). I think it will become very obvious who is responsible for what. In the event your contract doesn't cover these items, your lawyer will have a better understanding of what is expected and usually ruled in your area.

[littlemissmuffet]

I had this same situation last year. Mom/grandma were ALWAYS dropping off late, despite knowing my policy that drop offs after 9am (without a scheduled doc appt) are not permitted.

Grandma shows up around 10am and tries to drop off DCG. My door was locked and I had ZERO intention of answering it. I was so tired of their drama and not following the rules, and I knew this would force them to end services with me.

So, they don't show up for a couple of days and I email mom that our contract is officially terminated and referenced another policy of mine that after 2 consecutive no shows/no calls that services are termed and she was not entitled to any reimbursement (I charge monthly and this was only 3-4 days into the month).

I never hear from mom again, but grandma stops by a few days later and tries to force her way in my house - tells me their lawyer said I don't get to decide when a parent drops off (oh yeah? Maybe I shouldn't get to decide when parents pick up either ) and that I should have been here for the drop off. I laughed at her and told her to shove it and closed the door in her face after she told me she was calling the police because I wouldn't give DCGs sunhat to her (will only retunr a child's belongings to the person I have the contract with). Because you know, the cops care about a 2 year olds hat ::

Anyways, the lawyer contacted me and basically told me the same thing that this grandma and your loser DCM's lawyer told you. I argued back, that I had it written in my contract and handbook that drop offs after 9am were not allowed... I then emailed the mom a scanned copy of our signed contract...

I never heard from the lawyer again.

[Patches]

I had this same situation last year. Mom/grandma were ALWAYS dropping off late, despite knowing my policy that drop offs after 9am (without a scheduled doc appt) are not permitted.

Grandma shows up around 10am and tries to drop off DCG. My door was locked and I had ZERO intention of answering it. I was so tired of their drama and not following the rules, and I knew this would force them to end services with me.

So, they don't show up for a couple of days and I email mom that our contract is officially terminated and referenced another policy of mine that after 2 consecutive no shows/no calls that services are termed and she was not entitled to any reimbursement (I charge monthly and this was only 3-4 days into the month).

I never hear from mom again, but grandma stops by a few days later and tries to force her way in my house - tells me their lawyer said I don't get to decide when a parent drops off (oh yeah? Maybe I shouldn't get to decide when parents pick up either ) and that I should have been here for the drop off. I laughed at her and told her to shove it and closed the door in her face after she told me she was calling the police because I wouldn't give DCGs sunhat to her (will only retunr a child's belongings to the person I have the contract with). Because you know, the cops care about a 2 year olds hat ::

Anyways, the lawyer contacted me and basically told me the same thing that this grandma and your loser DCM's lawyer told you. I argued back, that I had it written in my contract and handbook that drop offs after 9am were not allowed... I then emailed the mom a scanned copy of our signed contract...

I never heard from the lawyer again.

Wow! Umm no way is some granny forcing her way into my house! Wow..... Now I have a mental image of it and it's cracking me up::.

[MarinaVanessa]

I am not going to add any advice because everything that I would have said has already been covered but I wanted to say that I am sooo sorry that you have to deal with this . It really would be in your best interest to schedule a free consultation or even pay for an hour of an attorney's time to give your paperwork a quick look through.

:hug:

[wdmmom]

I would send the DCP a certified letter that states the total amount due and I would give her a day to pay it in full by.

Since she lawyered up, I would also enclose a small note in the letter stating that any further communication may be directed towards (your lawyers name) and in the event this is taken to court, you will be pursing attorney's fees and court costs.

I would make this as expensive for her as possible!

Some people will never learn!/smh

[countrymom]

don't back down. If she does this to you, then she's going to do this to someone else. I would stick it to her and make her pay.

also, since when do lawyers contact you. don't most of them have their assistance call the people. he's trying to scare you. Stay strong!

[Willow]

Not trying to be argumentative, but if I missed a Dr. Appt - or a hair appt (which is a better example) I would have to pay for the appt. of I ever wanted to return. My Dr. Office has a missed appt fee also - but it isn't the whole fee, like my hair stylist is.

Yeah, not sure if we're just from different planets or something but I have never heard of such a thing .

[blandino]

Yeah, not sure if we're just from different planets or something but I have never heard of such a thing .

It must be a regional thing. If I cancel a Dr. Appt within 24 hours before - or if I just don't show up - I have a 25.00 missed appointment fee - if I ever want to go back to that Dr.

And if I were to be an hour late to my hair appointment - and she was busy with another customer - I would still owe her for my haircut. She had the time set aside for me, as a customer, and then I was a no show - she is out the money. Almost just like a daycare situation.

Your planet sounds nice

[Play Care]

It must be a regional thing. If I cancel a Dr. Appt within 24 hours before - or if I just don't show up - I have a 25.00 missed appointment fee - if I ever want to go back to that Dr.

And if I were to be an hour late to my hair appointment - and she was busy with another customer - I would still owe her for my haircut. She had the time set aside for me, as a customer, and then I was a no show - she is out the money. Almost just like a daycare situation.
Your planet sounds nice

I'm in NY and it's the same here. Businesses are fed up with no shows and they have been clamping down.

[Willow]

Ever heard the phrase "Minnesota nice?"

Pretty sure I grew up and live in the part of the state that originated from


If I miss a doctors appointment or hair appointment the most I get is a phone call asking if everything is ok!