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Daycare Center and Family Home Forum>Breach of Contract
DestinyAja 07:39 PM 05-24-2016
I have a family that hasn't brought their child to my home daycare since last week Wednesday. They were given my Operational Policies, and signed a Parent Contract, which both stated that 2 weeks notice was required when taking their children out of the daycare. This is the first time this has happened to me. What happens next???
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MunchkinWrangler 07:56 PM 05-24-2016
Have you tried to contact them?
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DestinyAja 08:05 PM 05-24-2016
Yes I did and she says her husband is waiting on a start date for his new job so he's been home with the little girl. But the Operational Policies also states that the weekly tuition is for the child's spot, whether they attend or not. I don't know if I should be lenient or just let them go or press the issue or what??? I mean she didn't even reach out to me to let me know that all this time I try to be understanding, but at the end of the day, I'm running a business here.
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Mike 08:29 PM 05-24-2016
Originally Posted by DestinyAja:
I try to be understanding, but at the end of the day, I'm running a business here.
They pay for the spot whether they use it or not.

You could give a discount if you want, but I wouldn't.
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MunchkinWrangler 08:41 PM 05-24-2016
Originally Posted by DestinyAja:
Yes I did and she says her husband is waiting on a start date for his new job so he's been home with the little girl. But the Operational Policies also states that the weekly tuition is for the child's spot, whether they attend or not. I don't know if I should be lenient or just let them go or press the issue or what??? I mean she didn't even reach out to me to let me know that all this time I try to be understanding, but at the end of the day, I'm running a business here.
I know it sucks but this is where I have a backbone. Other areas not so much. You should and need to tell them that they need to pay or you cannot hold the spot for them. I personally would be trying to fill that spot with someone else. It's not personal, just business.

Make it plain and clear. They signed a contract. Payment is due and late. They must provide their notice if they are not attending. They must pay for the spot even if the child isn't there, which I don't understand why they wouldn't be sending her but it sounds like they didn't pay either.

I would absolutely press the issue and I would be considering termination as this is the wrong foot to start out on. They should have communicated what their childcare needs were and if they couldn't start right away that is information you should have had access to.
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Michael 10:49 PM 05-24-2016
More breach of contract threads: https://www.daycare.com/forum/tags.p...ch+of+contract
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DestinyAja 06:16 AM 05-25-2016
Thank you so much for your input and support. So how does that work? Am I supposed to take them to court if they don't bring the child back?
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sharlan 06:59 AM 05-25-2016
No, you take them to court if they don't honor the contract and pay for their space.

You cannot force a parent to bring their child to you.
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EntropyControlSpecialist 10:58 AM 05-25-2016
Originally Posted by sharlan:
No, you take them to court if they don't honor the contract and pay for their space.

You cannot force a parent to bring their child to you.


They signed a contract that they would provide something to you, most likely, correct? A two week notice period?

They need to provide this to you now, if they are exiting care, or they need to pay their tuition amount due PLUS late fees (if you discussed late fees in your handbook/contract).

There are many people who have it written into the handbook that after x number of days of no contact the child will be terminated from care and the child care spot will be filled.
Upon people signing on with me I require their final two weeks tuition payment. This applies to their final two weeks if a written two weeks notice is given. If this situation occurred to me, I would fill the spot and use their security deposit fee to fill the void in the meantime.
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Ariana 11:16 AM 05-25-2016
Let them know that they have two options:
1)Bring the child for care and keep the spot.
2)Pay for the spot to keep the spot.

If neither of those works, immediate termination. The next family you take on make sure you get a two week deposit so when they pull stunts like this you have the money to cover your butt while you look for someone else.
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laundrymom 11:22 AM 05-25-2016
I would send a text::
Hey Sally, you can go ahead and bring this weeks payment anytime but nap time on Friday. Just let me know what time you or John will be dropping it off.
Thanks.

The issue of him working isn't your concern.
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DestinyAja 04:35 AM 05-26-2016
I sent her a text yesterday asking her how she would like to handle this week's payment....she responded "I have to pay even though she didn't come?" I said yes ma'am, as stated in the Operational Policies and Parent Contract that you signed, weekly tuition is to hold your child's spot and not based on attendance....She never responded. I don't know what to think now.
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MunchkinWrangler 11:43 AM 05-26-2016
Originally Posted by DestinyAja:
I sent her a text yesterday asking her how she would like to handle this week's payment....she responded "I have to pay even though she didn't come?" I said yes ma'am, as stated in the Operational Policies and Parent Contract that you signed, weekly tuition is to hold your child's spot and not based on attendance....She never responded. I don't know what to think now.
Move on. I would try to fill the spot asap, especially if you need it filled for financial reasons. No call/no shows to me mean the contract is terminated. I wouldn't even discuss it further TBH. There is really nothing you can do and it wouldn't be worth it to try to go to court over it. Just be done. If they contact you again just act surprised and say that you didn't hear from them so you filled the spot with another child and that you had no communication to confirm their decision.
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Blackcat31 11:54 AM 05-26-2016
Originally Posted by DestinyAja:
I sent her a text yesterday asking her how she would like to handle this week's payment....she responded "I have to pay even though she didn't come?" I said yes ma'am, as stated in the Operational Policies and Parent Contract that you signed, weekly tuition is to hold your child's spot and not based on attendance....She never responded. I don't know what to think now.
Send a certified letter stating the total amount due and when it's due.

State what your next step will be if they do not pay by X date. (Small claims court or collection agency...your choice)

If they don't pay by the date specified, then you will need to follow through with the consequence and file in small claims or send their account to collections.

I would not have any further contact with them other than sending the certified letter/statement and collecting or accepting payment.

Fill the space and upon new enrollment, require a deposit equal to two weeks notice so that should you find yourself in this situation again (where a parent doesn't show up) you won't be out any money.
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DestinyAja 03:09 PM 05-26-2016
Originally Posted by Blackcat31:
Send a certified letter stating the total amount due and when it's due.

State what your next step will be if they do not pay by X date. (Small claims court or collection agency...your choice)

If they don't pay by the date specified, then you will need to follow through with the consequence and file in small claims or send their account to collections.

I would not have any further contact with them other than sending the certified letter/statement and collecting or accepting payment.

Fill the space and upon new enrollment, require a deposit equal to two weeks notice so that should you find yourself in this situation again (where a parent doesn't show up) you won't be out any money.


Got it! Thank you! If it goes to collections it would be on her credit if she doesn't pay right? So are there certain collection agencies that deal specifically with daycares? Or do I just google one?
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Blackcat31 03:16 PM 05-26-2016
Originally Posted by DestinyAja:
Got it! Thank you! If it goes to collections it would be on her credit if she doesn't pay right? So are there certain collection agencies that deal specifically with daycares? Or do I just google one?
Yes, if you send the account to a collection agency, they will try to collect the money for you but they will keep a percentage as payment for their services.

It will stay on the parent's credit report but with some collection agencies, debtors are allowed to submit a statement refuting or denying that they owe money.

Personally, I would go to small claims court. If it's anything like my state (MN) the party that loses pays ALL the court costs and if you win (with a signed contract and ANY acknowledgement on their behalf stating they know they owe you- you almost always win) and the court gives them X amount of days to pay you. If they don't you can garnish their wages etc.
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DestinyAja 03:45 PM 05-26-2016
Oh my....Sounds like it gets pretty ugly
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holly333 05:15 PM 05-26-2016
So have they paid for this week? I would let them know that they will need to pay for this week immediately. Let them know you'll waive late fees if paid immediately but payment is due to hold her spot. Also, that they signed a contract and are required to give a two week notice if they aren't planning on returning. If no reply, give them a date that you will either turn the account over to a collection agency or small claims and remind them that late fees will accrue up until that date.

Sorry, I never understand why parents don't read the contract!

I've only had to take one family to small claims and they waited until the day of court and finally folded and sent payment. Such a pain!
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DestinyAja 04:22 AM 05-27-2016
Originally Posted by holly333:
So have they paid for this week? I would let them know that they will need to pay for this week immediately. Let them know you'll waive late fees if paid immediately but payment is due to hold her spot. Also, that they signed a contract and are required to give a two week notice if they aren't planning on returning. If no reply, give them a date that you will either turn the account over to a collection agency or small claims and remind them that late fees will accrue up until that date.

Sorry, I never understand why parents don't read the contract!

I've only had to take one family to small claims and they waited until the day of court and finally folded and sent payment. Such a pain!
No they haven't paid for this week, and she still hasn't responded to my text from 2 days ago. Ugghhh!
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sharlan 08:15 AM 05-27-2016
Originally Posted by holly333:
So have they paid for this week? I would let them know that they will need to pay for this week immediately. Let them know you'll waive late fees if paid immediately but payment is due to hold her spot. Also, that they signed a contract and are required to give a two week notice if they aren't planning on returning. If no reply, give them a date that you will either turn the account over to a collection agency or small claims and remind them that late fees will accrue up until that date.

Sorry, I never understand why parents don't read the contract!

I've only had to take one family to small claims and they waited until the day of court and finally folded and sent payment. Such a pain!

I have in my contract that they have read all policies before signing. I know they don't because I have a clause in there giving them a $10 credit if they show me the clause.
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Mike 03:01 PM 05-27-2016
Originally Posted by sharlan:
I have in my contract that they have read all policies before signing. I know they don't because I have a clause in there giving them a $10 credit if they show me the clause.
I bet very few ever claim that credit.
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sharlan 03:10 PM 05-27-2016
How about 2 out of 9 read it.
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DestinyAja 03:40 PM 05-27-2016
Originally Posted by sharlan:
I have in my contract that they have read all policies before signing. I know they don't because I have a clause in there giving them a $10 credit if they show me the clause.
Haha! That's too funny! Smh...
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Thriftylady 03:51 PM 05-27-2016
Originally Posted by DestinyAja:
No they haven't paid for this week, and she still hasn't responded to my text from 2 days ago. Ugghhh!
Do you not take pre payment before care is given? My payments are all due on Friday for the next week. Not paid, no play. For new families I do let them do a payment plan to catch up on that sometimes. So the weekly rate plus 1/4 the weekly rate. That helps them get started.
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DestinyAja 01:19 PM 05-30-2016
Originally Posted by Thriftylady:
Do you not take pre payment before care is given? My payments are all due on Friday for the next week. Not paid, no play. For new families I do let them do a payment plan to catch up on that sometimes. So the weekly rate plus 1/4 the weekly rate. That helps them get started.
I have them pay on Mondays so they pay in advance for the week. But now she is saying that she will contact me when her husband is working again and hopefully I will have a spot for her child. I told her the Parent Contract that she signed states that she has to give a 2 week notice and payment is still due for those 2 weeks whether the child attends or not. She did not respond. So I guess I'm going to have to take it to small claims.

Does anyone have a sample or template for the certified letter that I need to send her?
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LysesKids 03:21 PM 05-30-2016
Originally Posted by DestinyAja:
Haha! That's too funny! Smh...
I have a similar sentence in my contract... not one parent has said anything yet
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Thriftylady 03:29 PM 05-30-2016
Originally Posted by DestinyAja:
I have them pay on Mondays so they pay in advance for the week. But now she is saying that she will contact me when her husband is working again and hopefully I will have a spot for her child. I told her the Parent Contract that she signed states that she has to give a 2 week notice and payment is still due for those 2 weeks whether the child attends or not. She did not respond. So I guess I'm going to have to take it to small claims.

Does anyone have a sample or template for the certified letter that I need to send her?
Blackcat may have something. I tend to make them a bit different each time depending on the situation. And I have only done it once.
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Tags:breach of contract, two week notice
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