Collections, Small Claims Court, Or Leave Well Enough Alone?

[wdmmom]

I worked for a particular family for almost a year. I got a text message on a Sunday from DCM providing a 2 week notice. My response was that, per our contract, cancellations are only accepted in Fridays and in writing. I told her that I would gladly accept her request to cancel on the upcoming Friday.

DCM brought child in the next day at her scheduled time and made payment (that was due the previous Friday and they never paid). DCM said she would provide notice on Friday or just let us know the last day and pay whatever was necessary to cancel the contract.

DCD came to pick up child that day and said that she wouldn't be coming back but the money paid would fulfill their final two weeks. DCD parted on good terms and even went as far as telling my 5 year old that he would bring child by so they could see each other.

The next day, DCD sends me an email stating that he is canceling the check and turned me into DHS and the police. As I further read, he said that the child's chronic diaper rash was exacerbated by me and that 2 bottles were moldy. (I have a closing sheet that every parent has to sign stating they received all their belongings back in the condition the daycare received them, etc.) DCD signed this the day before without an issue.

This is now months later and DHS made their visit and I was not held responsible for any wrong doing. I never had any issue with the police but now I have this $250 check that was "Stopped Payment".

I've been without the money for over a year so that's not the issue, it's the principle. Do I leave well enough alone, do I send it to a collection agency, or do I take a try at Small Claims Court?

Any advice???

[lil angels]

I think I would leave well enough alone. If everything has been done and over for a year why open up that can of worms again.:confused:

[safechner]

I would take them to small claims court because they shouldn't have put stop check in the first place which it costs you NSF from your bank. If you have contract that you are charing a late fee then do it. Don't let them think they have won. Do it as soon as possible.

Making sure to send them a certified mail to make them pay up in 30 days. If they no response after 30 days then take them to court.

[jen]

I worked for a particular family for almost a year. I got a text message on a Sunday from DCM providing a 2 week notice. My response was that, per our contract, cancellations are only accepted in Fridays and in writing. I told her that I would gladly accept her request to cancel on the upcoming Friday.

DCM brought child in the next day at her scheduled time and made payment (that was due the previous Friday and they never paid). DCM said she would provide notice on Friday or just let us know the last day and pay whatever was necessary to cancel the contract.

DCD came to pick up child that day and said that she wouldn't be coming back but the money paid would fulfill their final two weeks. DCD parted on good terms and even went as far as telling my 5 year old that he would bring child by so they could see each other.

The next day, DCD sends me an email stating that he is canceling the check and turned me into DHS and the police. As I further read, he said that the child's chronic diaper rash was exacerbated by me and that 2 bottles were moldy. (I have a closing sheet that every parent has to sign stating they received all their belongings back in the condition the daycare received them, etc.) DCD signed this the day before without an issue.

This is now months later and DHS made their visit and I was not held responsible for any wrong doing. I never had any issue with the police but now I have this $250 check that was "Stopped Payment".

I've been without the money for over a year so that's not the issue, it's the principle. Do I leave well enough alone, do I send it to a collection agency, or do I take a try at Small Claims Court?

Any advice???

I would have taken them to small claims court immediately. Why did you delay?

[wdmmom]

Because it was never about the money. It was about the principle of the matter. That was my first incident with DHS and I was concerned/alarmed. I wasn't sure how that would turn out. Then I got another email from the DCD saying he would pay for the days worth of work that I already provided, etc. I waited for the check and contacted him twice but no money and no reply. I wasn't sure what my legal ramifications were...other than Small Claims Court. I didn't want to have to deal with losing more money to possibly gain money. Filing fee and serving costs $150 but most of all, I didn't want to have to close my business to attend!

[jen]

Because it was never about the money. It was about the principle of the matter. That was my first incident with DHS and I was concerned/alarmed. I wasn't sure how that would turn out. Then I got another email from the DCD saying he would pay for the days worth of work that I already provided, etc. I waited for the check and contacted him twice but no money and no reply. I wasn't sure what my legal ramifications were...other than Small Claims Court. I didn't want to have to deal with losing more money to possibly gain money. Filing fee and serving costs $150 but most of all, I didn't want to have to close my business to attend!

I heat ya'...

You might try sending a certified letter demanding payment by a specified date OR let them know you will go to small claims court. They may determine it is in their best interest to pay.

Make sure, if you do take them to court, that you get a copy of the DHS report that found his claims to be unsubstantiated. Perhaps, include it in the certified letter...the judge may see it as them making false claims to avoid paying their daycare bill...which is probably what it was.

[daycare]

Because it was never about the money. It was about the principle of the matter. That was my first incident with DHS and I was concerned/alarmed. I wasn't sure how that would turn out. Then I got another email from the DCD saying he would pay for the days worth of work that I already provided, etc. I waited for the check and contacted him twice but no money and no reply. I wasn't sure what my legal ramifications were...other than Small Claims Court. I didn't want to have to deal with losing more money to possibly gain money. Filing fee and serving costs $150 but most of all, I didn't want to have to close my business to attend!

i would let it go and consider it a loss. why go back to an unhappy place. Its been a really long time and I think that if you reopen this matter it is only going to cause you more stress.

It stinks how the people you thought were so nice can turn on you with a drop of a hat. Its part of childcare business and its the part I like the least.

[Crystal]

I think you need to research and find out if there is a statute of limitations in your State. You may have waited too long for it to even matter now. Did you send them a demand letter or anything at all in writing that reminded them of their ob ligation to pay?

[Abigail]

Wow, this is a tough one. I understand why you waited and now you're thinking about it. Did it take a year to come by and investigate? If it did, then you could justify waiting this long to take them to court. If you have everything correct in your contract they signed and have your proof they owe you and your NSF that you had paid from the bank, you should take it all in and add it up and have that be what they owe you.

I would NOT tack on late fees since it's been so long, but I would at least give it a try to get back what they owe you originally. Besides, if you send them a certified letter, give them 2 weeks (a specific day...friday probably) then if you don't hear back from them on the Monday when the mail comes after you requested it by that previous friday (to give them the benefit of the doubt) then go into small claims and get the paperwork filled out and sent.

It's best to know where either parent works because if you know this before you send out the small court claims form and they don't sign and return it you will win the case by default. If this happens, the money the owe you (including the new small claims court paperwork fees you just paid) they will automatically be taken out of their paycheck from work. You MUST know exactly where they work for this to happen and you wouldn't miss any work days if they don't return your small claims paperwork because you'll win by default.

I also agree with what Crystal said, you should call your local court house and ask for small claims and ask if they have a time limit on how long to wait.

[Abigail]

This is from: http://www.peopleslawyer.net/legal-t...ms/waited.html

How to Sue in Small Claims Court
Have You Waited Too Long To File Suit?
Under the law, there are limits on how long you have to bring any lawsuit. Lawyers call these a "statute of limitations." To see if you have waited too long, determine how long it has been since you have suffered the wrong for which you are going to sue. The law will not allow you to sue if you wait too long. In many cases, you must bring your lawsuit within two years of when the problem arises. It is recommended, however, that you file suit within six months to a year after you have suffered a wrong. In most cases, this will allow you ample time to try to settle the dispute before you bring your lawsuit. Do not let the matter grow stale.

Legal time limits can get very complicated. If your claim arose more than two years ago you may want to consult an attorney and discuss this matter with him or her before you file your suit.

[wdmmom]

The statute of limitations is 5 years so I'm well within that time frame.

This happened in October 2009. By the time everything was finalized and I received my paperwork from DHS showing I was at no fault was February 2010. Between business and 5 kids of my own and a wedding, a summer vacation, etc. I just let it be. In going through my tax stuff for this year, the check and all the paperwork resurfaced I wonder if now is a good time to get back what is due or if I should leave it be.

From what I found out, I do not have to have a judgment to turn them over to a collection agency. Of course I lose 25-60% of the face value of the check but again...it's the principle of the matter, not the money itself.

[Abigail]

Why would you lose a percentage of the money?

[missnikki]

Don't bother with collections....imo, they get more than a days pay out of it, therefore you should take that day yourself and pursue in court. If it costs you the same, you should be the one benefitting. Plus in a court case, you can add wages and you will get that as well if you win.

[Cat Herder]

I think turning it over to collections and telling them they can keep anything they collect would be fitting.

Tell them your only request is that they only call late at night, at their jobs, on weekends or during dinner... Search the complaint boards for the worst ones to deal with...::::

But seriously, I would talk to the local police about pressing charges for filing a false report.... (I am not sure if he actually involved the police or if he just threatened?)

If he did not file a police report.... IDK, that is hard....:confused:

[Abigail]

If you turn it over to collections they automatically take 50% of the earnings, but if you go to small claims you don't lose anything unless you can't prove they owe you and the court rules against you.