No Contract Questions

[safechner]

I have a friend who runs a home daycare. She started to watch a 3 year old dcg in fall 2008 and her parents have been paying her on time. She gave to her parents that they need to sign the contract to protection her. The next day, her father came to discuss with her that he don't agreed to sign and he don't want to take to the court for non payment or something like that. He mentioned to her that she don't have insurance for daycare or whatever. She lets that happen so she continued to watch their child without signing contract. Until January 2009, somehow they started fall behind on their payments because her father is out of work for a while since he works construction for his brother's business. She don't charged them if she is not in daycare and also she was stuck that she cannot charge her a late fee for late payments. Until March 2009, she emailed to let her mother know that they are falling behind their payments and sent her an invoice. She wrote her back to find out how's it happened that they fell behind the payments that they owed her too much like maybe $800 that is what she said. It was too much drama and finally, they paid her up but not all of it. Her dcg goes back to her until May 2009. They were paid her little by little. Later on, they were behind once again and getting large balance since October 2009. She haven't go back to her daycare for a little while so she emailed to her mother with an invoice how much they owed her in December 2009 and she told her that her husband had promise her that they will take care of paying her on Halloween day at evening because she cannot wait week by week to wonder if they are paying her or not. She have sent her an invoice a few times but they haven't work out with payment plan at all. She decided not send her anymore invoice because she felt it is her responsibility but she is glad for them to come over to look at her balance sheet to work something out with payment plan which she gave her by Jan 15, 2010. They never come her house to look at it and they wouldnt work with her to make payment arrangement at all. She mailed her certified mail in Feb to let them know she will take her to the court if they don't pay in full by 30 days. She have proof emails and certificated. They haven't paid her at all so she is planning to take them to the court so she is ready to file a small court claim next week because she have money to pay for filing fee and other fee. She was thinking if she should give them another chance to see if they will pay up if she will write her an email or give them surprise that she is suing them? I don't have any advice to her but I think she should sue them without writing her an email. Any advice??

I just wonder if she can get her money back without signing the contract since she have proof emails, witnesses, etc. that they are owing her money. Please help!

[momofboys]

Originally Posted by safechner

I have a friend who runs a home daycare. She started to watch a 3 year old dcg in fall 2008 and her parents have been paying her on time. She gave to her parents that they need to sign the contract to protection her. The next day, her father came to discuss with her that he don't agreed to sign and he don't want to take to the court for non payment or something like that. He mentioned to her that she don't have insurance for daycare or whatever. She lets that happen so she continued to watch their child without signing contract. Until January 2009, somehow they started fall behind on their payments because her father is out of work for a while since he works construction for his brother's business. She don't charged them if she is not in daycare and also she was stuck that she cannot charge her a late fee for late payments. Until March 2009, she emailed to let her mother know that they are falling behind their payments and sent her an invoice. She wrote her back to find out how's it happened that they fell behind the payments that they owed her too much like maybe $800 that is what she said. It was too much drama and finally, they paid her up but not all of it. Her dcg goes back to her until May 2009. They were paid her little by little. Later on, they were behind once again and getting large balance since October 2009. She haven't go back to her daycare for a little while so she emailed to her mother with an invoice how much they owed her in December 2009 and she told her that her husband had promise her that they will take care of paying her on Halloween day at evening because she cannot wait week by week to wonder if they are paying her or not. She have sent her an invoice a few times but they haven't work out with payment plan at all. She decided not send her anymore invoice because she felt it is her responsibility but she is glad for them to come over to look at her balance sheet to work something out with payment plan which she gave her by Jan 15, 2010. They never come her house to look at it and they wouldnt work with her to make payment arrangement at all. She mailed her certified mail in Feb to let them know she will take her to the court if they don't pay in full by 30 days. She have proof emails and certificated. They haven't paid her at all so she is planning to take them to the court so she is ready to file a small court claim next week because she have money to pay for filing fee and other fee. She was thinking if she should give them another chance to see if they will pay up if she will write her an email or give them surprise that she is suing them? I don't have any advice to her but I think she should sue them without writing her an email. Any advice??

I just wonder if she can get her money back without signing the contract since she have proof emails, witnesses, etc. that they are owing her money. Please help!

I am not sure if not having a contract is necessary or not. However, if she has e-mails between herself & the parents where they agree to begin trying to repay her I would think that would help. I'm sorry for your friend but this is why I always make my clients pay for care in ADVANCE.

[misol]

I agree with janarae. As long as she can prove that she provided the services and they haven't paid for them, she should be OK. She should file in small claims court asap. She should also create a contract for all future clients and get paid in advance. Did she end up terming them or did they leave?

[safechner]

Originally Posted by misol

I agree with janarae. As long as she can prove that she provided the services and they haven't paid for them, she should be OK. She should file in small claims court asap. She should also create a contract for all future clients and get paid in advance. Did she end up terming them or did they leave?

I am not sure, I think she emailed to let her know that they owed her but they are not coming back since they refused to stopping by to work something out with the payment plans like she requested in email. She got all the paperwork ready for them to make payment arrangement so they can sign the agreement if they are planning to stop by her house by Jan 15, 2010 but it never happened.

[safechner]

It sounds helpful. She said they tried to repay her but it still not happen in emails. I feel sorry for her but she is no longer doing it for her. She said she felt sorry for them but she thought she would trust her since she have been taking care of their daughter when she was 9 months old until 20 months old when they had paid her on time. That is how she came back when she was 3 years old due to their parents are back together, I think.

I forgot to ask another question she wants to know. Most of time dcd paid her cash and sometime dcm paid her check so which one she should sue to? Dcm have a job and her husband is working under the table with his brother. I am not sure if he pays Taxes since they never asked her tax id but she paid the taxes. That is what she said.

[misol]

Originally Posted by safechner

It sounds helpful. She said they tried to repay her but it still not happen in emails. I feel sorry for her but she is no longer doing it for her. She said she felt sorry for them but she thought she would trust her since she have been taking care of their daughter when she was 9 months old until 20 months old when they had paid her on time. That is how she came back when she was 3 years old due to their parents are back together, I think.

I forgot to ask another question she wants to know. Most of time dcd paid her cash and sometime dcm paid her check so which one she should sue to? Dcm have a job and her husband is working under the table with his brother. I am not sure if he pays Taxes since they never asked her tax id but she paid the taxes. That is what she said.

Both! Since both parents were paying I would tell her to put both parents names on the court documents just to be safe AND to save her from having to come to court again if the judge finds that one parents is not liable.

[safechner]

Originally Posted by misol

Both! Since both parents were paying I would tell her to put both parents names on the court documents just to be safe AND to save her from having to come to court again if the judge finds that one parents is not liable.

Ouch! It looks like she needs to pay two fees for suing both parents. Thanks so much for the help. I will tell her today...

[MarinaVanessa]

Originally Posted by safechner

Ouch! It looks like she needs to pay two fees for suing both parents. Thanks so much for the help. I will tell her today...

No I don't think it should cost her double fees if they are married. You just put both peoples names on the claim. She should be ok especially if she has saved the emails of their balances and invoices that she has sent and the replies from the parents. Even though there is no paper contract they had a verbal agreement. It'll just be harder to prove in court but then again like I said, if she has copies of emails and responses she should be ok. Don't forget to have her ask for eimbursement of her court costs also. She may get these paid as well.

I hope that she is licensed or registered (if she is required to do so). I wouldn't want her to go to court and get in trouble if she was running an illegal daycare. As for the insurance part of it, is she required to have it? I know that in CA licensing makes it seem like you HAVE to have it but you can always get a form that notifies families that you do not carry insurance for the daycare. She may want to check into that also.