How Long Would You Wait Before Sending To Collections?

[CedarCreek]

So, dcg whose daughter had an allergic reaction to my cat is trying to pull some nonsense.

She wrote me a check on Monday for the week of care. When her daughter had the reaction to the cat, she claimed she didn't know I had one. Bull. It's in my policies that we have a cat and she signed that she read them. And I have watched her daughters once before so surely she told her mom about our cat.

Anyway, mom wanted to go back to drop in care until she got the dcg allergy sorted out with her doctor. She then wanted to know what to do about the check. I told her that I would give her a refund of the difference once her check cleared. She agreed to that.

Today, I see that she has cancelled her check and my bank charged me 12.00. So now, she owes me 60 for the care I provided and 12 for the bank fee. Of course, she is not responding to calls or texts. Technically, she has not paid so she could also owe me 10 for every day that payment is late.

How long would you wait before you sent it to collections?

[Leigh]

I see no reason to wait-there has been a flat out refusal to pay (stop payment of the check). I'd send to collections as soon as your state allows you to.

[CedarCreek]

Thank you! I will look into when that is in Texas.

This sucks.

[daycarediva]

Wow. I would send her a final notice, include the late fees (it IS late, now) and give her a date to pay by or you will be forwarding it to collections.

[Blackcat31]

I'm sorry this is happening to you.

I'd make sure to cover you butt by sending ALL correspondence via certified mail so you have proof she received your request for payment.

[Maria2013]

I've never had this happening to me, I feel sorry for you :hug:

[CedarCreek]

She texted back:

I cancelled it because you were not willing to refund my money immediately, which is what any respectable person and/or business would do. I did not think you would've had my check deposited immediately that day. So therefore I stopped payment on it. I am not going to wait a week to get my money back to pay another baby sitter. I apologize for your fee, and I will submit a check for that amount owed.

I responded:

My bank is chase and I have a chase app that allows me to deposit checks via picture. So yes, it was deposited the same day. I'm sorry you were not happy with the refund option but I was not aware of that because you did agree to it. Please submit your payment of 72 dollars by Friday.

She responded:

I'll submit it when I see fit.

I responded:

If it is not paid by Friday I will assume you are refusing to pay for services rendered and I will send the account to collections.

At this point, I'm not responding to her anymore. I'm too pissed.

[Blackcat31]

She texted back:

I cancelled it because you were not willing to refund my money immediately, which is what any respectable person and/or business would do. I did not think you would've had my check deposited immediately that day. So therefore I stopped payment on it. I am not going to wait a week to get my money back to pay another baby sitter. I apologize for your fee, and I will submit a check for that amount owed.

I responded:

My bank is chase and I have a chase app that allows me to deposit checks via picture. So yes, it was deposited the same day. I'm sorry you were not happy with the refund option but I was not aware of that because you did agree to it. Please submit your payment of 72 dollars by Friday.

She responded:

I'll submit it when I see fit.

I responded:

If it is not paid by Friday I will assume you are refusing to pay for services rendered and I will send the account to collections.

At this point, I'm not responding to her anymore. I'm too pissed.

So basically she is saying that she will pay you on HER terms, NOT yours?

Wow! Some people really need a reality check.

If she was not happy with the arrangements of the refund, why would she not be an adult and just say so and then you two could have discussed it.

Seems to me, she made a hasty reaction and is now back pedaling.

I'd stick to your guns and require payment in CASH only by noon on Friday.

[CedarCreek]

This was her response:

An account can only be sent to collection if it is 30days past due or more, thus giving me time to file a lawsuit against you for my daughter. I told you she was severly allergic to cats, and as long as she doesn't have direct contact with them or there things. You deliberately put my daughter on a pillow knowing the cat slept on it, which is not only disgusting and unsanitary even if she was not allergic, but that fact she was showed negligence and poor judgment on your part. I'm very unhappy with the way Athena looked, and you failed to do what I said; which was call me if ANYTHING is wrong, in which you didn't. You just left her like that. I've recorded all of our conversations, and have documented everything. My mother is an attorney, and my father a doctor, so I can guarantee you will have no case, and I can shut you daycare down! Don't threaten me with collections.


I am soooo angry right now. She did not tell me her daughter was allergic! And I didn't know the cat touched the pillow! This is ridiculous. Would you respond to that?

[Blackcat31]

This was her response:

An account can only be sent to collection if it is 30days past due or more, thus giving me time to file a lawsuit against you for my daughter. I told you she was severly allergic to cats, and as long as she doesn't have direct contact with them or there things. You deliberately put my daughter on a pillow knowing the cat slept on it, which is not only disgusting and unsanitary even if she was not allergic, but that fact she was showed negligence and poor judgment on your part. I'm very unhappy with the way Athena looked, and you failed to do what I said; which was call me if ANYTHING is wrong, in which you didn't. You just left her like that. I've recorded all of our conversations, and have documented everything. My mother is an attorney, and my father a doctor, so I can guarantee you will have no case, and I can shut you daycare down! Don't threaten me with collections.


I am soooo angry right now. She did not tell me her daughter was allergic! This is ridiculous. Would you respond to that?

I wouldn't respond. She is using scare tactics. If she did not tell you that her DD is allergic and she is claiming she did, the burden of proof is on her to show that she did.

Also, where was the communication? She has a responsibility to communicate with you and not act childishly (like just cancelling the check).

I would file with small claims court (not collections). Most states do not allow you to bring an attorney to small claims. You can consult with one though.

I would just ignore her words and file with the courts....

As a petitioner, you only have to prove she agreed to pay you (which she did in text) and that she signed the contract (which she did).

You don't have to explain anything else and any claims she makes toward you need to be proved by her NOT defended by you. Make sense?

Hang in there...she is just a pissed off mama and is trying to get her way.

[ABCDaycareMN]

This was her response:

An account can only be sent to collection if it is 30days past due or more, thus giving me time to file a lawsuit against you for my daughter. I told you she was severly allergic to cats, and as long as she doesn't have direct contact with them or there things. You deliberately put my daughter on a pillow knowing the cat slept on it, which is not only disgusting and unsanitary even if she was not allergic, but that fact she was showed negligence and poor judgment on your part. I'm very unhappy with the way Athena looked, and you failed to do what I said; which was call me if ANYTHING is wrong, in which you didn't. You just left her like that. I've recorded all of our conversations, and have documented everything. My mother is an attorney, and my father a doctor, so I can guarantee you will have no case, and I can shut you daycare down! Don't threaten me with collections.


I am soooo angry right now. She did not tell me her daughter was allergic! And I didn't know the cat touched the pillow! This is ridiculous. Would you respond to that?

Her mother would not be able to represent her in any court proceedings. Conflict of interest.

I believe same goes for her father. Again conflict of interest.

[Blackcat31]

Oh and if you are licensed or certified, let your licensor know right away of the situation.

This mom will more than likely report you for all of this.

[CedarCreek]

I wouldn't respond. She is using scare tactics. If she did not tell you that her DD is allergic and she is claiming she did, the burden of proof is on her to show that she did.

Also, where was the communication? She has a responsibility to communicate with you and not act childishly (like just cancelling the check).

I would file with small claims court (not collections). Most states do not allow you to bring an attorney to small claims. You can consult with one though.

I would just ignore her words and file with the courts....

As a petitioner, you only have to prove she agreed to pay you (which she did in text) and that she signed the contract (which she did).

You don't have to explain anything else and any claims she makes toward you need to be proved by her NOT defended by you. Make sense?

Hang in there...she is just a pissed off mama and is trying to get her way.

Thank you, that helps make me feel better. I double checked her paper work and she listed nothing under allergies. All of the documentation is on my side.

[coolconfidentme]

In Indiana, you don't have to wait to go to small claims if someone owes you money. If they have the judgement against them they owe the bill, court cost ($98) & interest. I go this route EVERY time. Screw waiting... (sorry)

[Cat Herder]

Don't respond. She is baiting you. Radio silence.

Send the final bill certified mail Friday as was your last statement to her... give her the legal notice time your chosen collections company requires.

Document your side, let her keep escalating into written tantrums in her "harrassing emails"... Judges love that. ::::

Maintain radio silence.

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