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Daycare Center and Family Home Forum>What Is The Point Of The Financial End Of A HDC Contract?
krystamichelle 04:27 PM 03-31-2011
So, as I said before, my DCK's are being pulled out without a two week notice. Of course, I withheld the deposit, but they just told me that they're not paying me for this past week's worth of care, on top of not giving a notice. Now, would it really be worth it to take them to court over $100 or let's say it was even two full weeks of pay ($360). With the hassle of filing paperwork, getting an attorney, court costs, and court dates, I find myself realizing that there's no point...at least for me. Would you go to court over $100? $300?
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momofboys 05:35 PM 03-31-2011
Why won't they pay you for work you already performed? I would be steamed & I would send them a certified letter telling them exactly what they owe you & that you WILL go to small claims if they don't pay by X date. I'd do this even if you don't plan to file. . . it may scare them into paying. Good luck!
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Abigail 05:44 PM 03-31-2011
If it is in your contract, why not? It honestly isn't that much of a hassle because most of the time they will not accept a certified letter to even setup a court date so you would win by default and since you know where each parent works (I'm guessing here) then you would know what to put down on paper to get the money without going to court.

I would do it at least once for the experience and also for the backbone. For future reference, you can always say "Well, I had to take someone to court for non-payment" if it ever comes up in conversation and that'll most likely keep those who question you from non-payment.
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krystamichelle 05:53 PM 03-31-2011
Originally Posted by momofboys:
Why won't they pay you for work you already performed? I would be steamed & I would send them a certified letter telling them exactly what they owe you & that you WILL go to small claims if they don't pay by X date. I'd do this even if you don't plan to file. . . it may scare them into paying. Good luck!
Nope, they said they weren't going to pay for the three days that I watched the DCK's for this week. They also said that if it's going to be an issue (which, of course it is!!), then they wouldn't even bother coming to get the blankets, pillow pals, and leap frog toys that the kids left here.
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krystamichelle 05:55 PM 03-31-2011
Originally Posted by Abigail:
If it is in your contract, why not? It honestly isn't that much of a hassle because most of the time they will not accept a certified letter to even setup a court date so you would win by default and since you know where each parent works (I'm guessing here) then you would know what to put down on paper to get the money without going to court.

I would do it at least once for the experience and also for the backbone. For future reference, you can always say "Well, I had to take someone to court for non-payment" if it ever comes up in conversation and that'll most likely keep those who question you from non-payment.
Well, I did know where the mom worked, but it was her last week. I know that the dad works on gas meters (so maybe our local gas company, but possibly another company contracted through them), but not exactly which company.
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wdmmom 06:02 PM 03-31-2011
Do you have a signed contract? I would absolutely file small claims! Parents like them need to realize that they have to comply with what they sign! You deserve to be paid...especially for services you've already performed! Get 'em!
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krystamichelle 06:03 PM 03-31-2011
Originally Posted by wdmmom:
Do you have a signed contract? I would absolutely file small claims! Parents like them need to realize that they have to comply with what they sign! You deserve to be paid...especially for services you've already performed! Get 'em!
Yes, I have a copy of the signed contract.
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wdmmom 06:10 PM 03-31-2011
If your contract says they need to pay, make them pay. It's not right for them to get out of it because they think they are more superior than the next person. What I always say...it's not about the money, it's about the principle!
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krystamichelle 06:23 PM 03-31-2011
Originally Posted by wdmmom:
If your contract says they need to pay, make them pay. It's not right for them to get out of it because they think they are more superior than the next person. What I always say...it's not about the money, it's about the principle!
Should I send them an email with my intent to take them to small claims court and give them a chance to settle it by tomorrow evening?
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wdmmom 06:52 PM 03-31-2011
Personally, I would email them a demand for payment letter stating they have by such-and-such day and such-and-such time to pay so-much-money or per your signed contract you will pursue avenues including collection agencies, small claims court, garnishments, etc. Also tell them that should small claims court be necessary, they will not only be responsible for paying the balance due but any filing fees, delivery of paperwork, mileage, time taken to complete the process, etc.

I would give them 3 business days to pay and tell them funds must be received in the form of cash, money order or certified bank draft.

Then, keep the email and be prepared to make a trip to your local court house with that email in tow.

(I've worked for several companies in the past as a collection agent. I've been in small claims court getting money from people for a long time. If you need further help, send me a personal message.
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MyAngels 04:58 AM 04-01-2011
Originally Posted by wdmmom:
Personally, I would email them a demand for payment letter stating they have by such-and-such day and such-and-such time to pay so-much-money or per your signed contract you will pursue avenues including collection agencies, small claims court, garnishments, etc. Also tell them that should small claims court be necessary, they will not only be responsible for paying the balance due but any filing fees, delivery of paperwork, mileage, time taken to complete the process, etc.

I would give them 3 business days to pay and tell them funds must be received in the form of cash, money order or certified bank draft.

Then, keep the email and be prepared to make a trip to your local court house with that email in tow.

(I've worked for several companies in the past as a collection agent. I've been in small claims court getting money from people for a long time. If you need further help, send me a personal message.
Definitely do all of this. If you have to take it to court, once you get your judgment (I'm assuming you're in the US) it will affect their credit, as well as their ability to purchase real property. There are a lot of different ways to collect, once you get that judgment.

You could also check into turning it over to a collection agency, if you can find one that will work with you. I would be tempted to do that just out of spite .
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Unregistered 05:46 AM 04-01-2011
That's why I have my parents pay in advance.
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Meeko 05:49 AM 04-01-2011
I only deal with a collection agency. I don't want to have to take time off work to file papers... go to court etc....

I simply write a letter to the parents in question and tell them how much they owe and that if I don't get it, the account will be turned over to collections on a certain date. (It's in my contract and handbook too)

If they don't pay, I simply take the paperwork to the collection agency and they take care of the rest. Doesn't cost me a dime and only takes a few minutes to turn the paperwork in.

I have only had to do it twice and it was soooo easy and hassle free. The wayward parents only deal with the collection agency and not me and I am free to go about my business in peace. No confrontations etc. (They cannot legally pay me personally after the account has been turned over to collections. They can only pay the agency and can't skip out on the extra fees)They have to pay the collection agency what they owe me PLUS 40% plus attorney fees etc. And for most, there is the fear that it goes on their credit report.

Call around and ask some of your local collection agencies HOW they collect. Mine charges me NOTHING....they get it all from the "perp" via fees. They work hard at it too as they don't get paid until they get the money!
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Tags:court, deposit, hdc, small claims
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