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Old 01-11-2011, 07:15 AM
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cillybean83 cillybean83 is offline Member
Join Date: Dec 2010
Location: Tennessee
Posts: 543
Default 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.

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
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