DCM Got A Lawyer....Over $350

[cillybean83]

So, the mom that I'm taking to court to get the money I'm owed from her breaking her contract has hired an attorney. He called this morning and he's drafting a letter, he said I should have it by late afternoon via email and in tomorrows snail mail. The way he was wording things made me a little curious, there was a lot of "after you see the letter, if you still decide to go to court we'll set a date" and "well, look over the letter and see what you think before you make any decisions"...I have a signed contract, she has words, so I'm wondering if this guy is just a lawyer who happens to be a friend of the family she's gotten to try and scare me off getting my money, or try to mediate without going to trial...very interesting developments!

Hopefully she isn't trying to scare me off because I have my contract, receipts, and billing statements, emails... and she has the words "but I didn't say I wanted to leave"

[Blackcat31]

Where I live lawyers are not allowed in conciliation court (small claims court) so if YOU are the one filing the case, I would assume it is in small claims court...her attorney can only advise her but not be present in the court with her. Your court rules may be different but I would call the court administrator asap and find out. If SHE is filing against you for something then she can hire who ever she wants.....But call the court administrator and find out. If I am correct and you do go to small claims she can appeal the ruling if she loses but again can not have an attorney present in court with her. Most attorneys have a retainer of atleast $1500 so it would seem as though she may just be trying to intimidate you. Perhaps her attorney is a friend or relative who can help her write a good, scary, intimidating letter because it seems an awful lot to pay for an attorney for a two week bill at daycare! There has got to be more to it....

[Blackcat31]

Sorry I read your post a little closer and you did saythe lawyer was a friend...I think she is trying to strong arm you....call the court administrator. YOUare the one filing a court case not her so what in the world would her lawyer "friend" possibly say in a letter...File and you will be sorry? You have proof...she has a friend who likes to express his power....

[lvt77]

Where I live lawyers are not allowed in conciliation court (small claims court) so if YOU are the one filing the case, I would assume it is in small claims court...her attorney can only advise her but not be present in the court with her. Your court rules may be different but I would call the court administrator asap and find out. If SHE is filing against you for something then she can hire who ever she wants.....But call the court administrator and find out. If I am correct and you do go to small claims she can appeal the ruling if she loses but again can not have an attorney present in court with her. Most attorneys have a retainer of atleast $1500 so it would seem as though she may just be trying to aintimidate you. Perhaps her attorney is a friend or relative who can help her write a good, scary, intimidating letter because it seems an awful lot to pay for an attorney for a two week bill at daycare! There has got to be more to it....

ditto on that!!
I think shes blowin' smoke......

[cillybean83]

in tennessee there is no such thing as small claims, everything is general session and everything goes to trial, it's lame! So her lawyer can show up and do his nails in the courtroom or something, I'm not quite sure what else he can do for her in this situation...if I had to guess I would assume she's got some sob story like "I didn't feel like my child was safe so I had no choice but to pull her so I shouldn't have to pay to break the contract" because from what I've seen and heard, most parents cry abuse/neglect to get out of paying...but even that is discredited by her emails that say she didn't cancel care...so I don't know what in the world he could possibly do for her.

[cillybean83]

I would bet my life savings that this letter he sends is going to say something along the lines of "let's not take this to court, come to my office, lets settle outside the courtroom" because on the phone he said "well hopefully after you read the letter we drafted you'll consider talking with me further about the matter" if he had something on me he would have been like "look, she filed a report stating abuse so unless you want to deal with abuse charges you should just drop this and move on" but no, he was sugar coating everything

[jen]

My guess is that she didn't give her lawyer friend the whole story! Once you have gotten his letter, draft a careful response which outlines the whole story for him. Once he has all the information, he may change his tune.

[Blackcat31]

in tennessee there is no such thing as small claims, everything is general session and everything goes to trial, it's lame! So her lawyer can show up and do his nails in the courtroom or something, I'm not quite sure what else he can do for her in this situation...if I had to guess I would assume she's got some sob story like "I didn't feel like my child was safe so I had no choice but to pull her so I shouldn't have to pay to break the contract" because from what I've seen and heard, most parents cry abuse/neglect to get out of paying...but even that is discredited by her emails that say she didn't cancel care...so I don't know what in the world he could possibly do for her.

In that case, just stay calm, cool, collected and keep your files and records. You have all the proof necessary no matter what sob story she may try. I would think that judges aren't dumb and have seen and heard most every sob story out there...just stand your ground no matter what because you are right. You also have physical proof and she has nothing so....keep us posted on the legal letter that is suppose to have you shakin in your boots...I'm dying to know what it says now! When is the attorney suppose to get it to you?

Plus, when a judge sees she supposedly hired a lawyer to get out of $350 she/he is gonna be thinking WTH?

[Childminder]

In MI if you take someone to small claims they can refuse it and it sends it to civil division to be judged. Happened to me once. She hired an attorney and I represented myself cause it cost more for an attorney than what she owed. If she had won I would have had to pay for her attorney.

[nannyde]

She can either give you the money or go to court. It's nice he's willing to play her hand out for you in advance. Just take whatever they will give you and give NOTHING to him.

Do NOT argue ANY of the case with him.

[cillybean83]

i'm so excited about getting this letter, it's like Christmas morning for me. All my life I wanted to be a lawyer, I truly believe it was my calling. I was prelaw in college, I got excepted into a J.D. program at Northwestern...then life happened and I ended up falling back on a "safe" teaching degree because I wanted to be involved more with my children and not work a 60 hour week as a lawyer.

This stuff is right up my alley and if I get to face off with a "real" lawyer in a courtroom I will be able to die a happy girl which is why it cracks me up that she thinks she's scaring me, I live for stuff like this!

When I get it I'll post what it says!

[MommyMuffin]

Just curious...did you have her sign a term or end of care contract or on your original contract did she date and sign the last day the child would be there?

[Little People]

So, the mom that I'm taking to court to get the money I'm owed from her breaking her contract has hired an attorney. He called this morning and he's drafting a letter, he said I should have it by late afternoon via email and in tomorrows snail mail. The way he was wording things made me a little curious, there was a lot of "after you see the letter, if you still decide to go to court we'll set a date" and "well, look over the letter and see what you think before you make any decisions"...I have a signed contract, she has words, so I'm wondering if this guy is just a lawyer who happens to be a friend of the family she's gotten to try and scare me off getting my money, or try to mediate without going to trial...very interesting developments!

Hopefully she isn't trying to scare me off because I have my contract, receipts, and billing statements, emails... and she has the words "but I didn't say I wanted to leave"

I have never heard of an Attorney calling. They usually send a letter with Delivery Confirmation. But I may still be in the old days.

[cillybean83]

she wouldn't sign anything, everything was FINE until she just decided not to pay anymore! I told her she needed to pay and she freaked and said "I'm never coming back if all you want is money!"

Which is fine, I thought about the fact that she might say she never broke the contract and claim that I kicked her out, but it isn't true, and I told her several times in emails that she was NOT termed, she just needed to pay her balance to continue care, to which she replied "I will never step foot in your house again, i'm done, I want my child's spare outfits" which, without saying the words "i am terminating my contract" is a clear admission that she is the one who decided to leave.

[cillybean83]

I'm thinking Mr. Attorney is a family friend with no real interest in the matter because he doesn't stand to gain anything from it...but he's an actual attorney, it was a law firm on the caller id