OFFICIALLY Sent to Collections..!

[kelliott]

some of you may remember a post from earlier in the month about my son being transported to a baseball game without my consent...she was asking for the 4wk notice/payment(in the contract parents are supposed to give a 4 week notice for pulling their child from her care).. i did not give this notice because after she transported, i no longer felt he was safe with her.

she texted me today and let me know she had referred my file to collections..so, i just want some input on what other parents think..even daycare providers if they are going to keep the negativity out of the thread... i am looking for advice/input ONLY!..not whether i was wrong or right. Does anybody think, if i fight the collection, i will not have to pay it? -seeing as how she transported without my permission and i felt he wasn't safe??

it did say in her contract that 4weeks notice and payment for that 4 weeks is required..it also came with a permission slip for transportation which i did NOT okay... the permission slip was also a seperate paper from the contract. i called licensing and they said she did nothing wrong, but as far as the state goes(CA) i am %90 sure it is illegal to transport a minor without a parents consent.....??

[sharlan]

IMHO, at this point you need to contact an atty to see what your rights are.

[NeedaVaca]

You made a choice not to pay her without consulting an attorney like you were advised 13 days ago? I remember the entire thread and I'm sorry but I do not think you will win. If you don't win you will just add to your bill in legal fees...call an attorney like you were advised when you first posted.

[Cradle2crayons]

You made a choice not to pay her without consulting an attorney like you were advised 13 days ago? I remember the entire thread and I'm sorry but I do not think you will win. If you don't win you will just add to your bill in legal fees...call an attorney like you were advised when you first posted.

Not just legal fees but collection agency fees too!!!! Collection agencies in some states can charge huge fees whether they collect or not.

[nannyde]

You dropped your kid in the morning knowing she said you had to pick up before she left for the ballpark. You thought she wouldn't transport and she called your bluff. It's a fifty fifty risk. I would offer half and try to settle.

[MyAngels]

Contact an attorney. No advice you get here will be better than that.

If you end up in court and lose it could cost you hundreds of extra dollars over and above the 4 weeks tuition, plus interest. Not to mention the damage to your credit.

If it's picked up by a collection agency it could still cost you hundreds in fees, plus the constant collection calls and you could STILL end up in court with a judgment against you.

Again, contact an attorney.

[craftymissbeth]

I know that in my state, if an account is sent to collections you can no longer legally pay the original debtor. So now that she's sent it to collections you can no longer legally pay her.. you have to pay the collections agency. I guess just remember if you try to settle or anything.

[momofboys]

I believe you will lose - you signed a contract stating to give 4 weeks notice & did not. No matter what happened between you & the provider the contract is all that matters.

[countrymom]

ok, I read the other thread. I have 4 kids that are so involved in activities that its crazy here (esp. this week)

first, the provider gets a schedual in advance of all the games, I know this, doesn't matter what sport or activity you know where the games are. They should have given you a schedual so you can schedual your time (this may be in your favor now)

second, if I texted my parents at 8pm and asked them to pick up early i wouldn't have too many clients, and your right, about asking for early release, many jobs ask for 24 hours notice (another in your favor)

she transported without your consent, this voids the contract (your favor)

also, when you didn't come at 430pm didn't she call you, what was her plan of action, does it say in the contract what she would do if you didn't show up.

talk to a lawyer, you don't want your credit ruined. Also, I wonder if this has happened to others in her care too.

because my kids are involved all year round, I let the parents know. I let them know that sometimes they may have to pick up early, but I know in advance because they have scheduals so I let the parents know. It was wrong what the provider did. Also, if they have 4 people working then why didn't one of them stay till you got their or sent someone to get your child.

[RosieMommy]

some of you may remember a post from earlier in the month about my son being transported to a baseball game without my consent...she was asking for the 4wk notice/payment(in the contract parents are supposed to give a 4 week notice for pulling their child from her care).. i did not give this notice because after she transported, i no longer felt he was safe with her.

she texted me today and let me know she had referred my file to collections..so, i just want some input on what other parents think..even daycare providers if they are going to keep the negativity out of the thread... i am looking for advice/input ONLY!..not whether i was wrong or right. Does anybody think, if i fight the collection, i will not have to pay it? -seeing as how she transported without my permission and i felt he wasn't safe??

it did say in her contract that 4weeks notice and payment for that 4 weeks is required..it also came with a permission slip for transportation which i did NOT okay... the permission slip was also a seperate paper from the contract. i called licensing and they said she did nothing wrong, but as far as the state goes(CA) i am %90 sure it is illegal to transport a minor without a parents consent.....??

You need to talk to an attorney. Even if what she did was illegal (and it sounds like you don't know, so you need to look into that as well), that doesn't necessarily mean that contract is null and void. The contract and transportation issue may be two totally separate issues legally. Frankly, I'm surprised that a LICENSED provider would transport a child without a parent's permission without knowing what the state's regulations said on the matter -- from what you've said, in your state she may not have needed the signed permission slip from you at all but that may have been included as an extra CYA for HER (which, if it was, is really smart). For future reference with your next provider, I'd make sure to read that contract and if you and the provider agree to make any modifications PUT IT IN WRITING signed by both of you.

[Greenplasticwateringcans]

some of you may remember a post from earlier in the month about my son being transported to a baseball game without my consent...she was asking for the 4wk notice/payment(in the contract parents are supposed to give a 4 week notice for pulling their child from her care).. i did not give this notice because after she transported, i no longer felt he was safe with her.

she texted me today and let me know she had referred my file to collections..so, i just want some input on what other parents think..even daycare providers if they are going to keep the negativity out of the thread... i am looking for advice/input ONLY!..not whether i was wrong or right. Does anybody think, if i fight the collection, i will not have to pay it? -seeing as how she transported without my permission and i felt he wasn't safe??

it did say in her contract that 4weeks notice and payment for that 4 weeks is required..it also came with a permission slip for transportation which i did NOT okay... the permission slip was also a seperate paper from the contract. i called licensing and they said she did nothing wrong, but as far as the state goes(CA) i am %90 sure it is illegal to transport a minor without a parents consent.....??

Lawyer up asap and call the police/drivers branch to find out how she stood legally transporting. Above what she wanted to do it very well could have been illegal.

[Heidi]

also not debating who was right or wrong...

you should contact an attorney or legal aid in your area.

[kelliott]

ok, I read the other thread. I have 4 kids that are so involved in activities that its crazy here (esp. this week)

first, the provider gets a schedual in advance of all the games, I know this, doesn't matter what sport or activity you know where the games are. They should have given you a schedual so you can schedual your time (this may be in your favor now)

second, if I texted my parents at 8pm and asked them to pick up early i wouldn't have too many clients, and your right, about asking for early release, many jobs ask for 24 hours notice (another in your favor)

she transported without your consent, this voids the contract (your favor)

also, when you didn't come at 430pm didn't she call you, what was her plan of action, does it say in the contract what she would do if you didn't show up.

talk to a lawyer, you don't want your credit ruined. Also, I wonder if this has happened to others in her care too.

because my kids are involved all year round, I let the parents know. I let them know that sometimes they may have to pick up early, but I know in advance because they have scheduals so I let the parents know. It was wrong what the provider did. Also, if they have 4 people working then why didn't one of them stay till you got their or sent someone to get your child.

no phonecalls were made to me..or to try to get into contact with me. she has my work and some mergency contacts that i listed but did not CALL any of them.. her biggest attempt at getting a hold of me was a text message at 4pm stating that they were leaving and where i could pick him up-being that i was at work..i hadn't read the message until about 4:30 :/

[kelliott]

ok, I read the other thread. I have 4 kids that are so involved in activities that its crazy here (esp. this week)

first, the provider gets a schedual in advance of all the games, I know this, doesn't matter what sport or activity you know where the games are. They should have given you a schedual so you can schedual your time (this may be in your favor now)

second, if I texted my parents at 8pm and asked them to pick up early i wouldn't have too many clients, and your right, about asking for early release, many jobs ask for 24 hours notice (another in your favor)

she transported without your consent, this voids the contract (your favor)

also, when you didn't come at 430pm didn't she call you, what was her plan of action, does it say in the contract what she would do if you didn't show up.

talk to a lawyer, you don't want your credit ruined. Also, I wonder if this has happened to others in her care too.

because my kids are involved all year round, I let the parents know. I let them know that sometimes they may have to pick up early, but I know in advance because they have scheduals so I let the parents know. It was wrong what the provider did. Also, if they have 4 people working then why didn't one of them stay till you got their or sent someone to get your child.

no phonecalls were made to me..or to try to get into contact with me. she has my work and some emergency contacts that i listed but did not CALL any of them.. her biggest attempt at getting a hold of me was a text message at 4pm stating that they were leaving and where i could pick him up-being that i was at work..i hadn't read the message until about 4:30 :/

[Blackcat31]

Since Tom Copeland is an attorney and he even replied that the provider broke the contract by transporting WITHOUT parental consent, I am still an odd duck because I believe you will NOT be responsible for the 4 weeks notice or payment for it.

NO parent should be forced to keep their child enrolled in a facility where they feel it is unsafe.

I also think you need to contact an attorney in YOUR state as Tom is probably most familiar with laws in MN and although he gave his two cents, it isn't a sure thing since different states have different laws.

For example in my state when someone turns you into collections you, as a debtor have the right to file a rebuttal and any time someone runs a credit check on you or tries to collect from you, your rebuttal as to why you don't feel the debt is legitimate is also made known.

Please call an attorney in your state. Most will consult with you for free and are usually happy to help.