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Ac114 05:55 AM 11-02-2018
I had a parent send me a text last night that their last day of care was that day for a number of reasons. She said I don’t know what the cancellation policy is (mom brain) and I hope we can still be friends. First, we were never friends. Second, you still owe 2 weeks per the contract. She’s mad I still required payment for the week her son missed for having diarrhea and then the following week she asked me to open a half hour early so she didn’t have to wake up early to take her boyfriend to work. I said no.

I know I won’t get the money and will have to send it to small claims. Any advice on how to go about the situation? Can I add a days worth of pay because I will have to close to attend court? I’m kind of fuming about the situation right now.
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Blackcat31 06:17 AM 11-02-2018
Originally Posted by Ac114:
I had a parent send me a text last night that their last day of care was that day for a number of reasons. She said I don’t know what the cancellation policy is (mom brain) and I hope we can still be friends. First, we were never friends. Second, you still owe 2 weeks per the contract. She’s mad I still required payment for the week her son missed for having diarrhea and then the following week she asked me to open a half hour early so she didn’t have to wake up early to take her boyfriend to work. I said no.

I know I won’t get the money and will have to send it to small claims. Any advice on how to go about the situation? Can I add a days worth of pay because I will have to close to attend court? I’m kind of fuming about the situation right now.
I don't know the rules in your state but I was told the point of late fees for non-payment is for the time/effort and inconvenience for being paid late so if you attach late fees to the late payment that is your compensation for missing work (to attend court).

I would simply draft a letter stating the per the contract she signed she is aware that she needs to pay the final two weeks payment regardless of if her child attends or not.

Provide a date in which the payment MUST be paid in full and what will happen if she does not pay the outstanding balance. Send it certified mail so you have proof of delivery.

Then wait and hope she pays it

If she doesnt pay it you still have the proof that she signed the contract agreeing to having to do that. She'll have to pay that, as well as late fees and your costs to file in court.

I'm sorry this happened. It's usually the catalyst for providers requiring the last two weeks payment up front.
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Cat Herder 07:54 AM 11-02-2018
I am so sorry this happened to you.

Personally, the stress, time and drama involved in pursuing final two weeks pay, or defending my keeping their pre-paid deposit, simply is not worth it.

That is why I have them pay on Mondays for the week, in advance. If they leave on a Thursday, they lose one day of care, I lose nothing. I then call people from my waitlist. I keep an emergency savings account and dip into that from time to time if I can't find a good fit for a few weeks.

Reducing stress and drama is well worth it to me. Confirming receipt of that text and wishing her well would be my last communication with her.

I hope this will be the first and last time you deal with this issue however you decide to go.
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Rockgirl 08:47 AM 11-02-2018
Originally Posted by Cat Herder:
I am so sorry this happened to you.

Personally, the stress, time and drama involved in pursuing final two weeks pay, or defending my keeping their pre-paid deposit, simply is not worth it.

That is why I have them pay on Mondays for the week, in advance. If they leave on a Thursday, they lose one day of care, I lose nothing. I then call people from my waitlist. I keep an emergency savings account and dip into that from time to time if I can't find a good fit for a few weeks.

Reducing stress and drama is well worth it to me. Confirming receipt of that text and wishing her well would be my last communication with her.

I hope this will be the first and last time you deal with this issue however you decide to go.
Same here. I haven’t had anyone inconsiderate enough to leave suddenly in years, but if they did, it’s on to the next one.
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amberrose3dg 08:53 AM 11-02-2018
Originally Posted by Ac114:
I had a parent send me a text last night that their last day of care was that day for a number of reasons. She said I don’t know what the cancellation policy is (mom brain) and I hope we can still be friends. First, we were never friends. Second, you still owe 2 weeks per the contract. She’s mad I still required payment for the week her son missed for having diarrhea and then the following week she asked me to open a half hour early so she didn’t have to wake up early to take her boyfriend to work. I said no.

I know I won’t get the money and will have to send it to small claims. Any advice on how to go about the situation? Can I add a days worth of pay because I will have to close to attend court? I’m kind of fuming about the situation right now.
May I suggest debt collector instead of small claims? This is what I am currently going through. I had one suddenly leave owing for 2 weeks and one the state did not cover. I am no longer taking any new families as I am closing for good in June. If I was I would require the two week's deposit. I never did it because I didn't feel the need to. I have now been burned by more than one family. I wouldn't expect the money. You can take some joy in knowing the debt collector will be bugging them for your money.
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284878 11:00 PM 11-02-2018
Originally Posted by amberrose3dg:
May I suggest debt collector instead of small claims? This is what I am currently going through. I had one suddenly leave owing for 2 weeks and one the state did not cover. I am no longer taking any new families as I am closing for good in June. If I was I would require the two week's deposit. I never did it because I didn't feel the need to. I have now been burned by more than one family. I wouldn't expect the money. You can take some joy in knowing the debt collector will be bugging them for your money.
But don't you need their social security number to do this?
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Unregistered 06:55 AM 11-03-2018
i had one family that left kind of suddenly like this. I don't remember the exact situation but i seemed apparent in their behavior for the last few weeks of care that they were looking elsewhere but never told me which was their mistake right there. And then she was more drop in like for a week or so the she like stopped coming. I pursued the last two weeks of payment stating that they signed the contract the ignored the message and weren't really even good payers when it came to regular weeks. DCM would have GM pay sometimes and shed come drop a check of in my mailbox after close on like tuesday which is late. :roll eyes: whatever.
And then the end of the year comes and they wanted a statement and I told them id gladly give them a statement if they paid the rest of the balance because their statement has a balance on it. She never messaged me again
Though her exes GF messaged me for childcare for the same little girl and her LO as well and I ignored it .... the family had burnt a bridge in my eyes. I no longer wanted to work with them no matter how much I cared for that little girl. And the money wasn't the point.
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amberrose3dg 06:18 PM 11-03-2018
Originally Posted by 284878:
But don't you need their social security number to do this?
No you dont.
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MyAngels 06:45 AM 11-05-2018
If you decide to try to take her to court I would prepare a final invoice and demand letter along with a filled out small claims complaint and send it via certified mail giving them a date that they must pay in full or you will file the small claims complaint. Be sure to include both home and work addresses on the complaint so that they are aware they can be served at work. Many moons ago I worked for an attorney who did small claims work and this tactic often worked to get payment in full without needing to actually go to court. I guess it's something to do with seeing the actual complaint already ready to go that spurs people to action.

Also, if you haven't already done it, be sure to include in your contract wording to the effect that you can add attorneys fees and all costs of collection in the event there are any fees due at the end of the contract. That makes it much easier to collect if you have to go to court or turn it over to a collection agency.
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Tags:collection agency, collections, deposit policy, no notice, two weeks deposit, two weeks notice
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