Originally Posted by Unregistered:
Thank you! I did in fact send her a W-10 form and she 100% refused to fill it out until we pay her. Thank you for the link.
We absolutely did NOT sign anything agreeing with the updates in policies! My husband and I went through the contract line by line and it does state 2 weeks on the hard copy of the contract, only in the updated policies and procedures does it state 4 weeks.
Did she "tell" you she refuses to fill it out or did she text or e-mail that to you? Just curious as I would think you have to prove you tried to have her sign it but I am not sure about that so thinking it would be better if you had something in writing that she refuses to provide the EIN #.
Make sure you keep the hardcopy of your contract. What I would personally do it make a copy highlighting the two weeks notice section and the section saying what her late fee policy is. Then I would write up a request for the return of any money you paid beyond the 2 weeks.
I would also let her know you are not paying the late fees since she is obviously only adding them on now because you pulled your child; otherwise, why didnt she charge them at the time of late pick up or late payment (if that is what the contract says) ?
My policies state late fees are due upon late pick up and no further services will be provided until late fees are paid in full. I would never be able to go back and try and charge a parent tose late fees if I choose to waive them and still continued to provide care. know what I mean?
I would send that letter certifed so you KNOW she got it.
Originally Posted by Unregistered:
That being said, we are also questioning the validity of the contract due to the fact that she did not sign it herself. In fact there is not even a signature line for her to have done so, and in receiving a copy of the contract after pulling our daughter, she had marked it all up with notes as well as crossed things out.
I don't know about that so much as I only require my parents to sign and date my contract. So sorry not much help there.
I don't think anything "added" in pen/pencil and/or after you signed would be enforceable either.
Originally Posted by Unregistered:
She is threatening to send us to collections for not 1 but 2 wekks tuition plus the $500 in late pickup fees...If this happens, what action should I take then? We are absolutely not paying her another dime, but we also don't want our credit to take a fall...
If she does send you to collections, make sure you have your paperwork and me personally, I would counter sue her for the return of the deposit since you already paid a week deposit to cover the first week of your final two weeks AND paid for 2 more weeks so that 3rd week is due back to you in my opinion and I would file with small claims to get it back.
I know if parents in my community dispute a bill sent to collections, the collection agency allows a parent to file a written version of why they dispute the bill although I am not sure what that does for either the party trying to collect or the one being collected on.
Originally Posted by Unregistered:
I guess what I am asking is, should I just cut my losses, do my taxes, let her get the fine and just move on? And if she does in fact send us to collections, is there any legal action I can take? Contract valid or not...
If you have your total amount paid, I would just file my taxes without her info. Let the chips fall where they may.
Bottom line is I would make sure you have everything in writing. Send a certified letter requesting your over payment back and set a date for it to be returned to you and if you don't get it by that date, I would file in small claims court to get it back. If you have your contract and are abiding by it's contents then you have every right to request your over payment back.