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A now ex-client ended care with us after not paying for a full weeks care of her two children and owed money from the week before. She continually assured us that she would bring the check, blaming the children’s father for the tardiness. The next Monday, when we called to find out why her children were hours late, she informed us that she couldn’t continue but would pay the amount owed in full. Haven’t spoken to her for almost a month because she doesn't answer her phone or reply to our text messages. Its close to $400, What can we do???
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Take it to Small Claims Court. -
I agree, it's the only way you will get the money.Originally posted by michael View Post
I'd type out a letter stating that you will need the money paid by *** date and if you do not receive it you will take her to small claims. Also add that she'll have to pay the fees to the court. Don't forget your late fees if you have them.
Send it certified mail so that she has to sign for it, so you know she's got it.Comment
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Do not do anymore daycare til paid in full, inc. late fees, if you have them in your contract.
You will have to take to court, if they do not pay you!! That is alot of money!! It will keep racking up, if you do not do something now about it!!
GOod luck!!!Comment
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I have had to do this as well. Once you take them to court as long as you have a signed contract you will win. If she does not show, you automatically win everything asked for. If she does show the judge may ask for a compromise like deducting late fees or similar from the total. She will then have 30 days to pay for the fees. If she does not you can start proceedings to have the money garnished by her employer or taxes.Originally posted by michael View PostComment
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Did you have a written contract with her? If so, you can take it to small claims court, but only you can decide if it is worth it. $300 is a lot of money, but do you have the ability to take the day off to attend court, as well as the time to file the case, etc.? If you have a contract it may be worth it, if not, I'd chalk it up to a lesson learned.Comment
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owed money
All my contracts state if I have to take them to court they have to pay all my fileing fees, court cost & laywer fees.
The last person I just had to send them a copy of the contract with that highlighted and a notice that my lawyer charges $250 a hour.
They pay by the 1 st of the following month as required. I have not had to go to court yet.Last edited by Michael; 01-18-2010, 03:26 PM.Comment
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I have written in my contract that everyone signs- if nonpayment, you are responsible for daily late fees, if I am required to seek payment thru the courts, you are responsible for all legal fees, court costs, and missed wages due to needing days off, associated with this action. I have never had to take a day off of work- the courts settled it without having to take the day off, the 2 times I have had to do this!!!!Comment
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My contract states clearly that the parent is responsible for any and all costs of collection on an unpaid bill, not limited to late fees, court fees, collection agency fees. I'd send a letter w/ a deadline. Here it costs about $65 to file, but you have to show up for court. If you do and they don't, a judgement is automatically entered. You could call a collection agency (phone book should have one?) and try that first.Comment
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I would contact her at her job. If that didn't work, I would send a certified letter with due dates to get her attention. Then small claims court.Comment
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I have the same problem
Right now I am having the same problem. She told me that DHS would pay me for daycare and they still don't have me down a month later as the provider. I had to turn her in for physical abuse to her son ( he was burned) and of course she won't bring thm back. I sent her a message that she had until the end of he week to make arrangments to pay her bill or I would send it to collections. Now her boyfriend says I'm threatening her. Whatever. I guess now i make a trip to the courthouse to sue for 830 plus court costs.Comment
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Be careful with that...if she tells you she can't receive calls at work, do not call her again.Originally posted by mindy2137 View PostComment
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I have had to take 3 families to sm. claim's court over the yrs. of providing daycare. I won each time, inc. late fees, sheriff's del. fee, and court costs.Originally posted by Unregistered View PostComment
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Whatever you have in writing with a signature is what you can sue for. f she 'told you' things, it becomes a "he said/she said" type of case and it will always come down to what you can prove- services provided, at a certain rate per hour or day or week or whatever, and late fees at whatever amount per day or however long...You need to make a reasonable effort to collect what you are owed and give a resonable amount of time to get paid with late fees. Once you can prove that you tried to collect and you were blown off, that is when you file for whatever you can prove you are owed.Originally posted by Unregistered View PostComment
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I've also had to take families to small claims court...even won...but that doesn't guarantee payment. The two families I took to court got judgments against them but both are lower income so no one collects....both judgments are at collection agencies and no one has collected a dime because the parents don't have the money. The collection agency can't garnish their checks either because one switches jobs like toilet paper rolls in a public restroom and another is low income and you can't collect from people who are below the poverty level. This was 12 years ago and I ended up just writing it off as a loss. Now I am pre-paid ONLY! I also know a fellow provider who uses a pretty aggressive collection agency instead of small claims court and it seems to have good results.Comment
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