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-   -   Terminaion Issue (https://www.daycare.com/forum/showthread.php?t=25361)

cillybean83 01-11-2011 07:15 AM

Terminaion Issue
 
So the DCM that left because I asked to get paid (ugh) still won't budge and pay what she owes so it looks like I'm heading to the courthourse to file. I give 30 days from the payment due date before I file small claims, I figure it's long enough for them to put money together and still short enough for the court to not think I'm dragging my feet to rack up more late fee money...

anyway, like I've done with past clients I sent her a short email that said something the effect of you still have a few days to make this right without tacking on more late fees and court costs, lets settle this without escalating it further. I've also noticed that if you show several attempts to collect without involving a judge in minor amount cases, the judges are pretty much ruthless with the person who owes you $$, as they don't like wasting their time in these small matters any more than we do. :rolleyes:

so, I get a message back that says "go ahead and take me to court, you'll never win, yeah I had a contract but you told me never to come back, i didn't break my contract so you can't get your termination without notice money, and that's the bulk of what you say I owe"


omg...she is totally full of crap, she got mad because i wanted to get paid and flipped out, i told her she needed to pay what she owed before care could continue, she said if all you want is money i'll find somewhere else to take my kid, her husband came and got the baby, and that was the end of that!

so now the wheels in my head are spinning...just how exactly can i PROVE i didn't tell her to never come back, it would be kind of senseless, our babies were always together, they even got professional pictures done together, she always paid minus the one week she didn't want to because she was at her mothers, i continued watching my other daycare kids, so would those facts alone help to prove that i didn't term her, that she left on her own? I have a $400 (1 month pay) term without notice rule because if they up and leave, it takes time to replace a kid! If I can't get that $400 it isn't worth me filing :(

Blackcat31 01-11-2011 07:18 AM

Quote:

Originally Posted by cillybean83 (Post 70579)
So the DCM that left because I asked to get paid (ugh) still won't budge and pay what she owes so it looks like I'm heading to the courthourse to file. I give 30 days from the payment due date before I file small claims, I figure it's long enough for them to put money together and still short enough for the court to not think I'm dragging my feet to rack up more late fee money...

anyway, like I've done with past clients I sent her a short email that said something the effect of you still have a few days to make this right without tacking on more late fees and court costs, lets settle this without escalating it further. I've also noticed that if you show several attempts to collect without involving a judge in minor amount cases, the judges are pretty much ruthless with the person who owes you $$, as they don't like wasting their time in these small matters any more than we do. :rolleyes:

so, I get a message back that says "go ahead and take me to court, you'll never win, yeah I had a contract but you told me never to come back, i didn't break my contract so you can't get your termination without notice money, and that's the bulk of what you say I owe"


omg...she is totally full of crap, she got mad because i wanted to get paid and flipped out, i told her she needed to pay what she owed before care could continue, she said if all you want is money i'll find somewhere else to take my kid, her husband came and got the baby, and that was the end of that!

so now the wheels in my head are spinning...just how exactly can i PROVE i didn't tell her to never come back, it would be kind of senseless, our babies were always together, they even got professional pictures done together, she always paid minus the one week she didn't want to because she was at her mothers, i continued watching my other daycare kids, so would those facts alone help to prove that i didn't term her, that she left on her own? I have a $400 (1 month pay) term without notice rule because if they up and leave, it takes time to replace a kid! If I can't get that $400 it isn't worth me filing :(

How can she? You have the contract on your side...what proof does she have? words? Of course she is going to use them in any way she can. If you have e-mails, texts, signed contracts and proof of trying to collect...I really dont see an issue for you. She has what????

cillybean83 01-11-2011 07:24 AM

the only thing she has, that i know of, is stupidity...lol

it's just so annoying, I can't wait to hear what she says in the courtroom. obviously she's going to say "no, i didn't quit! she kicked me out!" but my thing with that is, okay, if i was so sick of you that i kicked you out, why have I been wasting my time trying to collect money for the last month!

jen 01-11-2011 07:33 AM

As she doesn't have a termination letter from you, it is just her word against yours. My guess is that the judge will decide based on the contract, not hearsay.

Good luck!

cillybean83 01-11-2011 07:48 AM

I have 5 documents where I requested payment, plus the signature confirmation card from where I mailed via certified sig confirmed mail a copy of her contract, handbook and a letter requesting payment, so i attempted to collect 6 times before involving the court...that's about all i'm willing to do.

MarinaVanessa 01-11-2011 08:32 AM

In this case I think she is trying to say that this is what you said by creating a response in an e-mail hoping that the judge will look at that and then think "Well she says that the provider said not to go back so it must be true" which is total crap but you can never be too careful.

I would e-mail her back and correct this "mistake".

Dear Diva Debt,
Let us not misconstrue our "no pay, no play" policy. You were never asked never to come back, only reminded that child care services are suspended if your tuition payment is not paid on time and will not continue until it is paid and up to date.

{then quote your absolutely fabulous policy here}

It was your choice to discontinue services, not mine, and I still have not received a formal termination letter. I was willing to work with you just as I am willing to work with you now in regards to paying your debt that is owed to me for childcare services. It is unfortunate that you were unwilling then to follow the policies which you signed for and are now not willing to pay the debt that you still owe.

You have until {date} to pay your balance which is {$$$$$} as of {todays date} plus additional {$} per day until it is paid in full or you will be force me to take you to small claims court.

blah blah blah or something like that. This way at least they'll see that she tried saying you kicked her out and then you go back and say to her "Woah, wait a minute lady. That never happened"


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