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DCM Got A Lawyer....Over $350

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  • #16
    I had laugh about this because your dcm's lawyer is trying to scare you to drop the court or whatever reason. Your dcm is an idiot big time. .. I would love to read what it says in the letter...

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    • #17
      Originally posted by cillybean83 View Post
      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
      Sometimes you can go to an Attorney and pay them JUST to send a letter. Maybe this is what she is doing in hopes it will scare you away!

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      • #18
        Maybe the letter is saying she'll give you X amount and asking you to settle? Either way, you should stay strong, stay cool, and take her little butt to court to get the full amount you are owed. ::

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        • #19
          I'm positive the letter will be some sort of settlement offer, my husband thinks it will be an offer to pay the previous balance and knock off late fees, to which I say no dice! I shouldn't have to sit here without my money for a month and not be compensated for it.

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          • #20
            Originally posted by cillybean83 View Post
            I'm positive the letter will be some sort of settlement offer, my husband thinks it will be an offer to pay the previous balance and knock off late fees, to which I say no dice! I shouldn't have to sit here without my money for a month and not be compensated for it.
            More than likely.
            Sorry to hear all this. But I'm glad you're enjoying it! LOL!

            I agree, in a sense the settlement may be more worth it, than going to court. But if you go to court are you asking for treble damages on top of late fees? Then it's much more worth it to go to court!

            If you can, I say go for the treble damages. With this nut, I'm sure the judge is ruling in your favor anyway.

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            • #21
              1.I hope you kept every email,letter,form that you have on this kid, even text messages, don't forget dates and times (I watch way too much peoples court)

              2.do you guys have legal aid, its a service that is for people based on income. Or call around and ask a lawyer what they think before you respond.

              3.she's blowing smoke, she wants to scare you, I've never heard of a lawyer sending things thru email, I thought it was all thru registered mail (you have to sign for it) also, I kinda wonder if he just works there, he's really not a lawyer. I would call back and find out more info on him (pretend you are looking for a lawyer) for all you know it can be a divorce lawyer.

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              • #22
                Originally posted by countrymom View Post
                3.she's blowing smoke, she wants to scare you, I've never heard of a lawyer sending things thru email, I thought it was all thru registered mail (you have to sign for it) also, I kinda wonder if he just works there, he's really not a lawyer. I would call back and find out more info on him (pretend you are looking for a lawyer) for all you know it can be a divorce lawyer.
                It's probably someone who works in the mail room who is a friend of this dcm...::

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                • #23
                  i HAVE heard of lawyers calling BUSINESSES before and speaking to owners. i actually worked at a place where the lawyer of a client called and spoke to the owner - and daycare is a business.

                  i wouldn't talk to him anymore (unless whatever in the letter is what you want to do), but i DEFINITELY would NOT write anything down. not in an email or in a letter.

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                  • #24
                    To avoid extra headache, I would ignor this new guy completely and don't respond AT ALL. He has nothing to do with it. You are simply taking this DCP to court....end of case. I'm wondering about your contract though because you said she didn't sign anything? I'm wondering how it holds up in court. Good for you for being excited about it, LOL, I would be stressing out!

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                    • #25
                      I've decided not to do anything until I consult with my attorney, Mr. Magic 8 Ball,

                      Me: Mr. Magic 8 Ball, do you think I should sue to get my money?

                      Magic 8 Ball: All signs point to yes

                      Because, that's about the equivilent of her lawyer...you should see the email he sent me. "Ms. *** has asked me to represent her regarding your potential future lawsuit against her. Please let me know if you do decide to file a lawsuit."

                      Um, ok...see here is the thing, how do you represent someone against something that hasn't happened. He's just going to sit there and wait until I decide if and when I file? I can't wait to see what this letter says, it can't be much more than "prety please with a cherry on top, dont sue my client" hahaha

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                      • #26
                        oh she signed a contract, she just didn't sign anything or send me a letter officially terminating care, she just quit and never came back, which I'm sure isn't uncommon...

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                        • #27
                          Originally posted by nannyde View Post
                          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.
                          This is the best advice. Keep any letters and document the date and nature of any calls, emails, or texts that you receive from either of them and bring it all to court. Don't play their game.

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                          • #28
                            oh okay, that's good. I thought you meant she was paying and had no problems without a contract. Got it now. Magic 8 ball is funny! Make sure to keep it real and down to business. It will be just one more experience that will help you be successful in the future too.

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                            • #29
                              Definitely waiting to hear what the letter states.

                              I guarantee she is trying to scare you. She probably walked into the law office with her brother and they said they had a flat tire can we use your phone, . They called you, and made a fake email address. . JK

                              The longer she sits there, the more she is worrying about what she has against you in court. She can make up as many lies as she wants, they're lies, and judges aren't stupid. Most people can spot a liar by the expressions and eye contact. She'll dig herself into a hole when she lies to the judge, and she won't be able to climb out of it.

                              If the judge for some reason goes in her favor, he/she does not deserve to sit in that seat.

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                              • #30
                                i won't be responding to the lawyer via email or regular mail, he's more than welcome to send me mail, but the only thing i'm willing to talk with him about is getting my money--all of it.

                                the deal with her is that she's crazy (obviously) she was given $$ and decided to prepay a certain amount, then have half her weekly fee deducted each week from that account, and pay the remaining balance. So for 8 weeks she's been dipping into that reserve account, which I was fine with, I thought it was weird but i didn't mind because i keep good records.

                                Well, when she quit she had $250 remaining in that account. She didn't pay for a week of care, she didn't pay for an extra day of care and she didn't pay the $400 I charge for breaking the contract early so all that she owed added up to close to $550, I took off the $250 that she had left, which still left her with a balance due.

                                She wants to claim that she shouldn't pay me for anything--and I should give her the $250....not happening!

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