safechner |
10-29-2010 09:30 AM |
No Contract Questions
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!
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