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Daycare Center and Family Home Forum>Couple of Problems - Missed Payments
Unregistered 08:40 AM 12-19-2009
I have a problem that has been stressing me out lately regarding a family who I have had in my daycare for quite a while.
The kids were great, and for that reason I put up with a lot from their parents. They would frequently not show up without calling, pay me late, Not come get thier sick kids when i call... ect. In general drive me nuts. What annoyed me the most was the constant late payments. I do try to remain flexable when I can, if they talk to me first and explain they are in a tight spot, and this family was in a lot of tight spots, but never was more than a week late on paying, and often paid in cash, which is handy for me.
Recently they had a check bounce. She explained that her husband lost his job, and she was in the process of switching jobs, and her last paycheck was late. She asked if she could pay bounced check and the current week at the same time as next week, because she should be getting both checks then. I agreed.
The next week, she paid the bounced check, but told me that her first paycheck at the new job was not what she expected, and wanted to know if she could take her kids out of daycare for a week, and not pay for that week, then catch up with me the next week for what she was behind.
I didnt like that idea at all, however I reasoned that its better to get some than none, and that I couldnt take her kids back until she paid anyway.
During that week they were gone, she stopped by to let me know that they were going to be moving, and she put her 2 weeks notice in at work that day, and that at the end of the next week they wouldnt be returning. I reminded her the ammount she owes, minus her first weeks deposit, and told her I needed it by friday because I also have Christmas expenses.
She never brought her kids back, but friday (yesterday) she stopped by. I assumed to pay me, but alas, i was wrong.
She stopped by to get her kids things they have left here. I reminded her how much she owed me, by 'right now' and she immediatly went into a long story about how they couldnt afford to get her kids hardly anything for christmas because of the move and because her paycheck was short by almost exactly what she owed me.
Now I understand what its like to be broke over the holidays. however she does owe me for 3 weeks she was acctually in care, and if I wanted to get picky, she would normally owe me for 5 weeks, not counting her last week. And I could easily charge her the $10/day late payment fee starting the first week she was late. I did make clear to her that her financial problems were now causing me financial problems. I told her Im sorry your paycheck was short this week, but when you dont pay me, I dont get a paycheck at all.
She said she would come pay me just after christmas break.
My question is, What kind of follow up can I do to help ensure she pays? Should I give her the benifit of the doubt, again, and wait til after christmas? If she doesnt pay after christmas, what should be my first course of action?
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gbcc 10:29 AM 12-19-2009
I have too fealt sorry for parents at times. I have found my self in your situation a couple of times. Now I am nasty about getting paid! I would give her two options.

Option 1 - Pay what she owes you by Monday after christmas

Or

Option 2 - Pay what she owes you if you have to take her to court. 3 weeks childcare, 2 weeks early termination, forfiture of deposit, $10 late fee per day including wkends and holidays until the day you file court papers, and all court fees.

Hopefully she will see it your way.

If not, on Monday send her a certified letter explaining amount due to you and itemize charges in option 2. (Save a copy of the receipt so you can prove to court she was aware of the charges) Give her a deadline to pay (1-2 wks). On the very next day after the deadline go to court and file for claims court. When you go to court bring documentation of dates and extent of conversations and letters sent to parent for proof you tried to resolve this outside of court.

There is no way you wouldn't win. Make sure you have her new address though for court purposes. You should also make sure you have the name and address of where she works because often the parent wont pay and you will have to submit paperwork to her employer to garnish her wages. All court and legal fees you can ad in the paperwork when you go to garnish her wages.

Good luck!
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originalkat 06:13 PM 12-19-2009
I know this doesnt help now, but I DONT feel sorry for parents regarding paying. I look at it like Groceries. If you have the money you can buy the food...if you dont then the cashier will not give you the food. There is no reasoning, no excuses. I provide a service that gives me an income. If you want my services you pay in advance. PERIOD. I think you were too lenient with them all along and something like this was bound to happen when parents have the "option" to pay you when it is convenient for them.

I have had this happen to me, but it was with a parent just not showing up (laid off, moving, i'll pay you later, I know I have to give you notice...bla,bla, bla) I did lose out on the last two weeks. But I never cared for the child during that time. I do not want to mess with the courts and all that. People pay in advance and know there is no other option it avoids the problem.
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kiddiecare 07:37 AM 12-21-2009
This is why i now make parents pre-pay and don't make deals, I too would send her a certified letter and i'd do it now, something like this:


Your dayare name and address:

The date:

The parents name and address:

RE: Notice of acknowledgment of termination
RE: Informal demand of payment

This is intended to acknowledge your termination of my childcare services and as a follow up to the verbal conversation we had on (date) As stated in the policy handbook/contract that you received and agreed to, (Go into detail about what she agreed to) This is also intended to be my informal demand for payment in the matter of childcare services that I provided for your child (name) and the two week termination fee that is due. (State that if payment isnt recieved in the full amount due by the time she stated that ALL policies you had previously waived for her will go into effect and she will be charged all late fees, blah blah blah.

Following is a list of the current charges on your account:

Childcare for the period of (date): $
Two week termination fee: $
Cost to mail certified mail: $
Balance owed: $

If payment hasn’t been received in full by (date) payment will be late.
Late fees will be added on a daily basis until FULL payment has been received.
If your payment has already been made in full then please disregard this letter.
For the purpose of business, please keep any and all communication in writing. I want to settle this with you,
without further complications. Thank you for your assumed cooperation.

Sincerely,


I'd make it very clear that you will go to court and ya not only should you get inf on her employers but knowing what kind of vehicle and licens plate numbers is really good to know, the family i took to court tried lying to the police when they were being served and said that they werent them and that those people had moved out of state, I had to provide the police with a letter stating why i believed they were still here with the before mentioned info (I saw family at walmart and waited till they came out to their vehicle then wrote down the info). The police were not happy with that family, I won in court and have had to submitt several garnishments against them, but i have gotten my money! Now i dont worry about it as much because i make parents prepay and thats why!
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wejo928 11:10 AM 12-29-2009
I have in my contracts that parents must pay for all childcare, late fees and 2 weeks turmination when due or they have to all pay for all my legal fees and court cost.
Once I mention $250 a hr for my lawyer they come up with the money quite quick.
I do have 1 parent right now that just left & lucky for her CCIS is paying the 2 week closure or she will owe me more. I just mailed out their letter with a copy of her contract the estimate cost of my lawyer (about 3 hrs at the minimum) and late fees after Jan 1 when I start assignin them.
She told me via text she would pay half last Fri and the rest on this Thurs when her son gets his SSI.
So I gave her to the 4 th (Monday) before I go to my lawyer and then file on the 5 th. It will be against Mom & Dad.
I had this child for over 2 1/2 yrs and even took him to his Dr apt & cared for him before & after surgery. He was here the whole time when sister was in 4 different during the same time. But they chose to send him there to make it easier on transport before the $20 week gas fee goes into effect. ($20 a week for 6 days a week of transportation to & from childcare) She only has to pay while her DL is suspended for Non payment of car insurance.
Go figure. lol.
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Unregistered 10:02 AM 12-30-2009
well Its wednesday and not only have I not gotten payment, but she hasnt answered her phone or returned my calls. So I am typing up a letter. I will mail it out saturday morning if I still dont hear from her. I would mail it sooner but its hard to get to the post office with all the kids in tow.
I will definatly be more strict with my rules this year. this isnt the first time being a bit of a pushover has bit me in the butt. Ive even had parents try dropping kids off unannounced on their off days. They do a bit of a drop and run kind of thing because they know I will send them home again. I already put a good stop to that.
Maybe its just me, but people are really starting to amaze me.
thank you for all your help, I will keep you updated lol.
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Tags:court, late fee, late payment, payment
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