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Daycare Center and Family Home Forum>How Long Would You Wait Before Sending To Collections?
CedarCreek 08:37 AM 10-10-2013
So, dcg whose daughter had an allergic reaction to my cat is trying to pull some nonsense.

She wrote me a check on Monday for the week of care. When her daughter had the reaction to the cat, she claimed she didn't know I had one. Bull. It's in my policies that we have a cat and she signed that she read them. And I have watched her daughters once before so surely she told her mom about our cat.

Anyway, mom wanted to go back to drop in care until she got the dcg allergy sorted out with her doctor. She then wanted to know what to do about the check. I told her that I would give her a refund of the difference once her check cleared. She agreed to that.

Today, I see that she has cancelled her check and my bank charged me 12.00. So now, she owes me 60 for the care I provided and 12 for the bank fee. Of course, she is not responding to calls or texts. Technically, she has not paid so she could also owe me 10 for every day that payment is late.

How long would you wait before you sent it to collections?
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Leigh 08:42 AM 10-10-2013
I see no reason to wait-there has been a flat out refusal to pay (stop payment of the check). I'd send to collections as soon as your state allows you to.
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CedarCreek 08:45 AM 10-10-2013
Thank you! I will look into when that is in Texas.

This sucks.
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daycarediva 08:50 AM 10-10-2013
Wow. I would send her a final notice, include the late fees (it IS late, now) and give her a date to pay by or you will be forwarding it to collections.
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Blackcat31 09:03 AM 10-10-2013
I'm sorry this is happening to you.

I'd make sure to cover you butt by sending ALL correspondence via certified mail so you have proof she received your request for payment.
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Maria2013 09:05 AM 10-10-2013
I've never had this happening to me, I feel sorry for you
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CedarCreek 09:09 AM 10-10-2013
She texted back:

I cancelled it because you were not willing to refund my money immediately, which is what any respectable person and/or business would do. I did not think you would've had my check deposited immediately that day. So therefore I stopped payment on it. I am not going to wait a week to get my money back to pay another baby sitter. I apologize for your fee, and I will submit a check for that amount owed.

I responded:

My bank is chase and I have a chase app that allows me to deposit checks via picture. So yes, it was deposited the same day. I'm sorry you were not happy with the refund option but I was not aware of that because you did agree to it. Please submit your payment of 72 dollars by Friday.

She responded:

I'll submit it when I see fit.

I responded:

If it is not paid by Friday I will assume you are refusing to pay for services rendered and I will send the account to collections.

At this point, I'm not responding to her anymore. I'm too pissed.
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Blackcat31 09:14 AM 10-10-2013
Originally Posted by CedarCreek:
She texted back:

I cancelled it because you were not willing to refund my money immediately, which is what any respectable person and/or business would do. I did not think you would've had my check deposited immediately that day. So therefore I stopped payment on it. I am not going to wait a week to get my money back to pay another baby sitter. I apologize for your fee, and I will submit a check for that amount owed.

I responded:

My bank is chase and I have a chase app that allows me to deposit checks via picture. So yes, it was deposited the same day. I'm sorry you were not happy with the refund option but I was not aware of that because you did agree to it. Please submit your payment of 72 dollars by Friday.

She responded:

I'll submit it when I see fit.

I responded:

If it is not paid by Friday I will assume you are refusing to pay for services rendered and I will send the account to collections.

At this point, I'm not responding to her anymore. I'm too pissed.
So basically she is saying that she will pay you on HER terms, NOT yours?

Wow! Some people really need a reality check.

If she was not happy with the arrangements of the refund, why would she not be an adult and just say so and then you two could have discussed it.

Seems to me, she made a hasty reaction and is now back pedaling.

I'd stick to your guns and require payment in CASH only by noon on Friday.
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CedarCreek 09:18 AM 10-10-2013
This was her response:

An account can only be sent to collection if it is 30days past due or more, thus giving me time to file a lawsuit against you for my daughter. I told you she was severly allergic to cats, and as long as she doesn't have direct contact with them or there things. You deliberately put my daughter on a pillow knowing the cat slept on it, which is not only disgusting and unsanitary even if she was not allergic, but that fact she was showed negligence and poor judgment on your part. I'm very unhappy with the way Athena looked, and you failed to do what I said; which was call me if ANYTHING is wrong, in which you didn't. You just left her like that. I've recorded all of our conversations, and have documented everything. My mother is an attorney, and my father a doctor, so I can guarantee you will have no case, and I can shut you daycare down! Don't threaten me with collections.


I am soooo angry right now. She did not tell me her daughter was allergic! And I didn't know the cat touched the pillow! This is ridiculous. Would you respond to that?
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Blackcat31 09:23 AM 10-10-2013
Originally Posted by CedarCreek:
This was her response:

An account can only be sent to collection if it is 30days past due or more, thus giving me time to file a lawsuit against you for my daughter. I told you she was severly allergic to cats, and as long as she doesn't have direct contact with them or there things. You deliberately put my daughter on a pillow knowing the cat slept on it, which is not only disgusting and unsanitary even if she was not allergic, but that fact she was showed negligence and poor judgment on your part. I'm very unhappy with the way Athena looked, and you failed to do what I said; which was call me if ANYTHING is wrong, in which you didn't. You just left her like that. I've recorded all of our conversations, and have documented everything. My mother is an attorney, and my father a doctor, so I can guarantee you will have no case, and I can shut you daycare down! Don't threaten me with collections.


I am soooo angry right now. She did not tell me her daughter was allergic! This is ridiculous. Would you respond to that?
I wouldn't respond. She is using scare tactics. If she did not tell you that her DD is allergic and she is claiming she did, the burden of proof is on her to show that she did.

Also, where was the communication? She has a responsibility to communicate with you and not act childishly (like just cancelling the check).

I would file with small claims court (not collections). Most states do not allow you to bring an attorney to small claims. You can consult with one though.

I would just ignore her words and file with the courts....

As a petitioner, you only have to prove she agreed to pay you (which she did in text) and that she signed the contract (which she did).

You don't have to explain anything else and any claims she makes toward you need to be proved by her NOT defended by you. Make sense?

Hang in there...she is just a pissed off mama and is trying to get her way.
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ABCDaycareMN 09:25 AM 10-10-2013
Originally Posted by CedarCreek:
This was her response:

An account can only be sent to collection if it is 30days past due or more, thus giving me time to file a lawsuit against you for my daughter. I told you she was severly allergic to cats, and as long as she doesn't have direct contact with them or there things. You deliberately put my daughter on a pillow knowing the cat slept on it, which is not only disgusting and unsanitary even if she was not allergic, but that fact she was showed negligence and poor judgment on your part. I'm very unhappy with the way Athena looked, and you failed to do what I said; which was call me if ANYTHING is wrong, in which you didn't. You just left her like that. I've recorded all of our conversations, and have documented everything. My mother is an attorney, and my father a doctor, so I can guarantee you will have no case, and I can shut you daycare down! Don't threaten me with collections.


I am soooo angry right now. She did not tell me her daughter was allergic! And I didn't know the cat touched the pillow! This is ridiculous. Would you respond to that?
Her mother would not be able to represent her in any court proceedings. Conflict of interest.

I believe same goes for her father. Again conflict of interest.
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Blackcat31 09:25 AM 10-10-2013
Oh and if you are licensed or certified, let your licensor know right away of the situation.

This mom will more than likely report you for all of this.
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CedarCreek 09:27 AM 10-10-2013
Originally Posted by Blackcat31:
I wouldn't respond. She is using scare tactics. If she did not tell you that her DD is allergic and she is claiming she did, the burden of proof is on her to show that she did.

Also, where was the communication? She has a responsibility to communicate with you and not act childishly (like just cancelling the check).

I would file with small claims court (not collections). Most states do not allow you to bring an attorney to small claims. You can consult with one though.

I would just ignore her words and file with the courts....

As a petitioner, you only have to prove she agreed to pay you (which she did in text) and that she signed the contract (which she did).

You don't have to explain anything else and any claims she makes toward you need to be proved by her NOT defended by you. Make sense?

Hang in there...she is just a pissed off mama and is trying to get her way.
Thank you, that helps make me feel better. I double checked her paper work and she listed nothing under allergies. All of the documentation is on my side.
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coolconfidentme 09:29 AM 10-10-2013
In Indiana, you don't have to wait to go to small claims if someone owes you money. If they have the judgement against them they owe the bill, court cost ($98) & interest. I go this route EVERY time. Screw waiting... (sorry)
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Cat Herder 09:30 AM 10-10-2013
Don't respond. She is baiting you. Radio silence.

Send the final bill certified mail Friday as was your last statement to her... give her the legal notice time your chosen collections company requires.

Document your side, let her keep escalating into written tantrums in her "harrassing emails"... Judges love that.

Maintain radio silence.

Check out www.providerwatch.com for awesome advice. (free account on bottom right)
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daycarediva 09:32 AM 10-10-2013
Originally Posted by Blackcat31:
I wouldn't respond. She is using scare tactics. If she did not tell you that her DD is allergic and she is claiming she did, the burden of proof is on her to show that she did.

Also, where was the communication? She has a responsibility to communicate with you and not act childishly (like just cancelling the check).

I would file with small claims court (not collections). Most states do not allow you to bring an attorney to small claims. You can consult with one though.

I would just ignore her words and file with the courts....

As a petitioner, you only have to prove she agreed to pay you (which she did in text) and that she signed the contract (which she did).

You don't have to explain anything else and any claims she makes toward you need to be proved by her NOT defended by you. Make sense?

Hang in there...she is just a pissed off mama and is trying to get her way.


Originally Posted by CedarCreek:
Thank you, that helps make me feel better. I double checked her paper work and she listed nothing under allergies. All of the documentation is on my side.
There ya go!

I would not respond, but would send a certified letter stating amount owed, due date and a copy of her signed contract with the allergy section, payment section, late fee section, etc and her signature agreeing to it all highlighted.

She has NO claim. Honestly, if you wanted to be a giant 'B' back. I would charge her for the two week termination period + late fees + bounced check fees + court fees. I always try to be nice, but if they play games, then I play hard ball.
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CedarCreek 09:41 AM 10-10-2013
Originally Posted by Blackcat31:
Oh and if you are licensed or certified, let your licensor know right away of the situation.

This mom will more than likely report you for all of this.
I just called her. She said as long as I have the documents where she did not mention an allergy, I'll be fine.
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CedarCreek 09:43 AM 10-10-2013
Originally Posted by daycarediva:




There ya go!

I would not respond, but would send a certified letter stating amount owed, due date and a copy of her signed contract with the allergy section, payment section, late fee section, etc and her signature agreeing to it all highlighted.

She has NO claim. Honestly, if you wanted to be a giant 'B' back. I would charge her for the two week termination period + late fees + bounced check fees + court fees. I always try to be nice, but if they play games, then I play hard ball.
That's good, I might send her all of her signed papers!

I just can't believe she got all nasty over 72 dollars.
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Leigh 09:46 AM 10-10-2013
Originally Posted by daycarediva:




There ya go!

I would not respond, but would send a certified letter stating amount owed, due date and a copy of her signed contract with the allergy section, payment section, late fee section, etc and her signature agreeing to it all highlighted.

She has NO claim. Honestly, if you wanted to be a giant 'B' back. I would charge her for the two week termination period + late fees + bounced check fees + court fees. I always try to be nice, but if they play games, then I play hard ball.
I agree. Charge her for everything your contract (that she signed and agreed to) allows you to. You WILL win in court (plus court costs) if she didn't list the allergies, acknowledged the pets in your home, agreed to the terms of the contract, and send you written agreement that she would pay (and, honestly, the check she wrote and then stopped payment on is enough to prove a promise to pay). And, I don't think it's "bitchy" to charge for what was agreed to by BOTH of you-it's just good business to follow your policies (and what good are policies that are not enforced?).
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countrymom 09:46 AM 10-10-2013
i can't believe that this women is going to fight you over 70 dollars, what a moron. I think I would add all sorts of other fees to make my court appearance worth while.
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daycarediva 09:48 AM 10-10-2013
yep, that's pretty crazy. Most people would be willing to write you a different check and get the other returned, or wait for a refund of such a small amount. I have NO REFUNDS plastered all over my contract and handbook, and I have only ever offered ONE and I regretted it. WILL NOT happen again.
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DaycareMomma 09:48 AM 10-10-2013
Wow! She is really trying to use scare tactics. The witchy side of me would text her back and be like "Oh no, since you talked to your lawyer mommy and doctor daddy and they said I'd have no case, I changed my mind and you don't have to pay anything!"

BUT since I'm more rational than that...most of the time.... I'd continue radio silence and just file with the courts.
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itlw8 09:55 AM 10-10-2013
this is different than late payment it is like writing a check that bounces except it is worse because she stopped payment. Not sure but I think it is like writing a check where they know they have no funds. You can be arrested for writing bad checks I think.

This would be interesting to ask Tom
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CedarCreek 09:59 AM 10-10-2013
Originally Posted by itlw8:
this is different than late payment it is like writing a check that bounces except it is worse because she stopped payment. Not sure but I think it is like writing a check where they know they have no funds. You can be arrested for writing bad checks I think.

This would be interesting to ask Tom
Oh I'd like to see what he would have to say about the check.
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countrymom 10:07 AM 10-10-2013
never thought of looking it like that.
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MyAngels 10:29 AM 10-10-2013
In addition to the good advice above, I would also call your State's Attorneys office and ask them whether stopping payment in this situation constitutes writing a bad check. Around here it is, and it's subject to criminal prosecution. If that's not an option, when you send the final demand letter (via certified mail) also include a copy of the small claims complaint filled out and ready to go.

Whether small claims allows attorneys varies by jurisdiction, but if she responds via her mommy to your small claims complaint be sure to retain your own attorney as well. You should be able to get attorneys fees in addition to any other amounts due you. There is no conflict of interest there, btw, unless you have dealt on a legal matter with her mother.

If it gets to the point where you get a judgment against her and she still won't pay and you need ideas for collecting the amount post back here for ideas.
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CedarCreek 11:46 AM 10-10-2013
Okay, so would you guys agree with sending a certified letter tomorrow requesting payment by a certain date and then if that gets no response file in small claims? Or just go straight to small claims? I'm not finding anything about the consequences of the cancelled check here in Texas.
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Blackcat31 12:07 PM 10-10-2013
Originally Posted by CedarCreek:
Okay, so would you guys agree with sending a certified letter tomorrow requesting payment by a certain date and then if that gets no response file in small claims? Or just go straight to small claims? I'm not finding anything about the consequences of the cancelled check here in Texas.
Personally, I'd request the payment IN FULL via a cashiers check or money order by xx date...sent by certified mail.

Most courts want to see that the payee has exhausted ALL of their avenues for collection BEFORE using the courts valuable time.

Doesn't mean you have to give her 30 days...you only have to set a date you want payment and then when it passes, you can file.
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MyAngels 12:11 PM 10-10-2013
If it were me, I'd send a certified letter detailing the amounts owed with a very short response time. Three to five days from when you expect it to be delivered is plenty of time. I'd send the same letter via regular mail since there's a good chance she'll refuse delivery anyway. Along with the letter I'd send a copy of the small claims complaint and summons all filled out and ready to go. If you don't get payment on the final date you've given I'd file the small claims complaint the next day.
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countrymom 12:12 PM 10-10-2013
yes make sure its certified mail. this way if you need to go to court the judge will see that you tried, I think I would send it twice within a week of each other and then send her to court.
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CedarCreek 12:20 PM 10-10-2013
Thanks guys, I will send the certified letter and then wait.

I'm so glad I have this forum!
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CedarCreek 01:10 PM 10-10-2013
Last question!

On the invoice I am sending via certified mail, should I mention that failure to pay by the due date will result in legal action to collect the debt or just put the due date on there and leave it be?
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Blackcat31 01:38 PM 10-10-2013
Originally Posted by CedarCreek:
Last question!

On the invoice I am sending via certified mail, should I mention that failure to pay by the due date will result in legal action to collect the debt or just put the due date on there and leave it be?
I'd put the due date. I would consider stating that if not paid by xx date, further legal action will be pursued.
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DaycareMomma 07:04 AM 10-11-2013
Good luck! I hope this mom gets her head out of her hiney and pays you.
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MotherNature 09:32 AM 10-11-2013
Did she knowingly write a bad check since she said she didn't expecy you to deposit it that day? The whole drama sounds like she's a huge bitch. Especially for $70. So glad you have the documentation SHE SIGNED w/ no allergies recorded. That'll be fun in court. Also- great backbone! Sorry you're having to deal with this though.
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CedarCreek 09:38 AM 10-11-2013
Originally Posted by DaycareMomma:
Good luck! I hope this mom gets her head out of her hiney and pays you.
Thank you! Me too!
Originally Posted by MotherNature:
Did she knowingly write a bad check since she said she didn't expecy you to deposit it that day? The whole drama sounds like she's a huge bitch. Especially for $70. So glad you have the documentation SHE SIGNED w/ no allergies recorded. That'll be fun in court. Also- great backbone! Sorry you're having to deal with this though.
I never get complemented on my backbone, thanks!! I believe she did knowingly write me bad check and did not expect me to have the capability to deposit it that morning via my phone app.
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