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Daycare Center and Family Home Forum>Has Anyone Taken a Parent to Small Claims Court?
learn-n-grow 05:11 PM 08-16-2011
I was just wondering if anyone has taken a parent to small claims court for leaving without two week notice or leaving with outstanding fees? Is it really worth it?
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Meeko 06:31 PM 08-16-2011
Originally Posted by learn-n-grow:
I was just wondering if anyone has taken a parent to small claims court for leaving without two week notice or leaving with outstanding fees? Is it really worth it?
I don't want to deal with the parents or take time off work to go to court.

I simply take copies of all the paperwork to a local collections agency and they do the rest. Doesn't cost me a single dime. They add all their charges, court costs, attorney fees etc to the parents bill. Legally...once the account has been turned over to collections, the parent is not allowed to try and settle with me. They HAVE to deal with the collection agency. I just go about my life and get a check from the collection agency when they get the money from either the parent, garnished wages etc. They go to court for me...no time lost, no stress.

The collection agency automatically adds 40% to the bill for themselves. I explain all that in my contract. I have only ever taken two people to collections in 25 years after I remind the parent that the bill goes up 40% as soon as I turn it over AND it goes on their credit.
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learn-n-grow 06:56 PM 08-16-2011
How did you find a collection agency? and where in your contract did you add that? and if you don't mind how did you word it?
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PitterPatter 07:07 PM 08-16-2011
Originally Posted by Meeko60:
I don't want to deal with the parents or take time off work to go to court.

I simply take copies of all the paperwork to a local collections agency and they do the rest. Doesn't cost me a single dime. They add all their charges, court costs, attorney fees etc to the parents bill. Legally...once the account has been turned over to collections, the parent is not allowed to try and settle with me. They HAVE to deal with the collection agency. I just go about my life and get a check from the collection agency when they get the money from either the parent, garnished wages etc. They go to court for me...no time lost, no stress.

The collection agency automatically adds 40% to the bill for themselves. I explain all that in my contract. I have only ever taken two people to collections in 25 years after I remind the parent that the bill goes up 40% as soon as I turn it over AND it goes on their credit.
Wow I am really interested in this!! I have had a few that got away becuse I didn't pursue it in court. Details please?
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Meeko 08:28 PM 08-16-2011
Call collection agencies near you and ask how they do business. I understand some charge YOU first and then go after the parent. You eventually get it all back...but I love the way mine does it.

All I do is take all relevant paperwork to them and they do the rest! I just don't have time to go to court etc and have to see the angry parents etc. If they try and contact me after it's gone to collections, I just tell them to call the agency...that's it. If I let them settle with me after the agency has the account then I would be responsible for the agency's 40% commission!

My contract states that after 30 days, deliquent accounts are turned over to the collection agency. (I list their name and phone number) I state that 40% will be added to their bill immediately and then they will have to deal with the collection agency and not me...and that doing so costs me nothing. It scares parents enough that only two have ever tried to call my bluff and they have both regretted it dearly. They end up paying a lot more AND they have a black mark on their credit.
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PitterPatter 08:48 PM 08-16-2011
Originally Posted by Meeko60:
Call collection agencies near you and ask how they do business. I understand some charge YOU first and then go after the parent. You eventually get it all back...but I love the way mine does it.

All I do is take all relevant paperwork to them and they do the rest! I just don't have time to go to court etc and have to see the angry parents etc. If they try and contact me after it's gone to collections, I just tell them to call the agency...that's it. If I let them settle with me after the agency has the account then I would be responsible for the agency's 40% commission!

My contract states that after 30 days, deliquent accounts are turned over to the collection agency. (I list their name and phone number) I state that 40% will be added to their bill immediately and then they will have to deal with the collection agency and not me...and that doing so costs me nothing. It scares parents enough that only two have ever tried to call my bluff and they have both regretted it dearly. They end up paying a lot more AND they have a black mark on their credit.
LOL awesome! BUT how many times did they take revenge and report u for some made up complaint?
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Meeko 09:00 AM 08-17-2011
Originally Posted by PitterPatter:
LOL awesome! BUT how many times did they take revenge and report u for some made up complaint?
One did...but it backfired on her in numerous ways. She called the police and said my husband had been harrassing her. She gave them our phone number. She didn't remember that we use cell phones only and a quick check with T-Mobile logs showed he never called her even once. So she was in trouble for filing a false police report.

Then my licensor showed up with a big grin on her face and said they had a complaint from a parent who said our home was too small for the number of kids we tended. So she wrote down that she had re-measured and that the house had not shrunk since it was first measured and licensed. We both had a giggle at that one.

Then the mom decided that she "just remembered" that her child was sexually abused by another child here at day care. She gave a name. Only problem with that one, was that the child she named moved to another state before the "abuse" took place. So she was in trouble for that too!! (Not the sharpest tool in the shed)

She was initially mad at me because she had been bringing her kids to me each day...not telling me or the state (state pay) that she had been fired. She had been partying it up on the states dime. The state found out and told her it had to be repaid. So she came to ME and told me that as I had received the money...I had to pay it back!!! I told her that I had tended the kids and had been paid for my services. It was up to HER to pay the state back. She did not accept this even when her case worker told her the same thing. She was just stuck on the fact that I had received the money, so it was my duty to give it back!!!

So she didn't give notice, wouldn't answer my calls and ended up in collections. Then she skipped out on her jobs, apartments etc. every time they caught up with her. She had warrants out for her arrest etc. By the time they were done with her, I got my few hundred owed to me and she owed them nearly $4000 in court and attorney fees.

Like I said.....not the sharpest tool in the shed.
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Zoe 09:42 AM 08-17-2011
Wow. What a character. It would be funny if it wasn't so obnoxious!
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SilverSabre25 10:01 AM 08-17-2011
Originally Posted by Zoe:
Wow. What a character. It would be funny if it wasn't so obnoxious!
we think on the same wavelength as this is word for word what I was thinking!

I am going to find a collections agency to work with...MUCH easier than going to court. Love this idea!
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familyschoolcare 10:01 AM 08-17-2011
Originally Posted by Meeko60:

Then my licensor showed up with a big grin on her face and said they had a complaint from a parent who said our home was too small for the number of kids we tended. So she wrote down that she had re-measured and that the house had not shrunk since it was first measured and licensed. We both had a giggle at that one.
I like the part about the house not shrinking.
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SilverSabre25 11:15 AM 08-17-2011
meeko, can you share the name of the agency you use?
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Meeko 11:41 AM 08-17-2011
Originally Posted by SilverSabre25:
meeko, can you share the name of the agency you use?
Advanced Credit Management in Orem, Utah. I do not know if they just handle Utah cases. It's been several years since I needed their services, but they were super nice to work with.
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SilverSabre25 12:54 PM 08-17-2011
Thanks meeko!

I ended up getting in touch with one locally that operates a lot like you described--no contract, use them only when i need them, etc.

Now I just need to go get into my files and pull out all the relevant paperwork and give the lady a call back and start pursuing the debt that I"m owed from April (family left w/ no notice and refused to pay the two-weeks' that I'm owed per our contract). Crossing my fingers that this works!
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Meeko 03:37 PM 08-17-2011
Originally Posted by SilverSabre25:
Thanks meeko!

I ended up getting in touch with one locally that operates a lot like you described--no contract, use them only when i need them, etc.

Now I just need to go get into my files and pull out all the relevant paperwork and give the lady a call back and start pursuing the debt that I"m owed from April (family left w/ no notice and refused to pay the two-weeks' that I'm owed per our contract). Crossing my fingers that this works!
Go for it!
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Tags:collection agency, small claims
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