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  #1  
Old 08-16-2012, 02:29 PM
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Default Ugh!

DCF of my screamer termed care at the beginning of the month because her schedule changed to ALL weekend days. This was the text I got from her on August 2nd after DCG had not been here for 2 days because they had flooding in their house and DCM had to stay home,

Her: "I just found out some news at work....like 2 mins ago..."
Me: "Oh! I hope its good news!"
Her: "They are changing my schedule to less days during the week. It will be mostly if not all weekends."
Me: "Ok, so what does that mean for daycare?"
Her: "Well, I will need less days. You need to let me know if you can do that schedule or if I need to make different arrangements."
Me: "I will not be able to accommodate a schedule of all weekends. I would be happy to continue to care for her until you do make different arrangements, though. My policy on leaving care (as outlined in your contract) is Two weeks written notice is required any time after the 14th day of care. Fees will still be due if you withdraw your child before notice is given, or at any time during the notice. Two weeks fees may be paid in lieu of the two week notice."

Never heard a word back from her. I contacted her again on Saturday the 4th to see if she had made a decision one way or the other... STILL nothing.

So, I sent them a notice letting them know that they owe $310.00 (normal fees plus late fees) and if they paid by Friday August 24th I would waive fees. If not, I would send everything to collections and they would be responsible for ALL fees and those incurred by attempt to collect the debt.

She texts me today and says that she contacted her attorney and he looked over the contract and told her that she is not required to uphold it since I was the one that told her I could not accommodate her new schedule. There for I voided the contract in the first place and she is not required to pay or do anything AND she can file a complaint against me. She also told me that her schedule changed because I was unreliable. REALLY lady? Unreliable because I won't let you change your schedule less than 8 hours before you are due to drop your child off?? Because I require NOTICE for changes.

I bent over BACKWARDS for this family to accommodate weekends occasionally (which was always to be on a DROP IN basis- if I could) and evenings frequently (12-9).. Obviously HUGE mistake to give special because they didn't see it as special.

But really? WHY would I have you sign a contract if you didn't have to uphold it?? Oh YOUR schedule changed and YOU need to find alternate care so you get to just leave without another word to the person that has cared for your child for the last 10 months?? I see.



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Old 08-16-2012, 02:36 PM
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I love having Tom on here and wish there was a way to have lawyer on here. I wonder if Tom could answer if this lawyer was correct or not?

Also, what kind of complaint would she be file against you and with who? I'm so sorry Breezy that it turned out this way. I wish you could have a lawyer look it over and let you know if thats correct or not.
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Old 08-16-2012, 02:37 PM
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I call B.S.

Unless she has an attorney friend who is working for free, most attorneys cost more than what she owes you.

I would call her bluff and continue to try and collect the money.

Send her a text saying that you are sorry she feels that she doesn't owe you. Tell her she still has until the 24th to pay in full or you will continue trying to collect the money owed in whatever ways are necessary.

I would be inclined to mention that you also have all the text conversations between the two of you and you stand by the contract that she signed.


Funny how things are good with a family until they don't get what they want.
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Old 08-16-2012, 02:38 PM
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Originally Posted by Country Kids View Post
I love having Tom on here and wish there was a way to have lawyer on here. I wonder if Tom could answer if this lawyer was correct or not?

Also, what kind of complaint would she be file against you and with who? I'm so sorry Breezy that it turned out this way. I wish you could have a lawyer look it over and let you know if thats correct or not.
FYI, Tom IS a lawyer.

Here is a great article about parents who leave owing you money. http://www.tomcopelandblog.com/contracts-policies/
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Old 08-16-2012, 02:41 PM
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It is really cheap to file with the court. Or send her to collections and ding her credit.
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Old 08-16-2012, 02:41 PM
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FYI, Tom IS a lawyer.

Here is a great article about parents who leave owing you money. http://www.tomcopelandblog.com/contracts-policies/
Whoops!!! I didn't know that- I thought he was, well I'm not sure I knew what he was for sure.

Do you think he could answer her question though and say if she has a case or not?
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Old 08-16-2012, 02:41 PM
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Im so sorry you are going through this! I cant believe how incredibly rude families are ! And how is that a viable reason to disregard a contract! So if i ask the bank to change my pay date to the 15th instead of the 1st and they say no i no longer have to pay for my car? Because they cant accomodate my new schedule? That sounds like a bunch of bs. Did she actually got to a lawyer or did a friend tell her that? It doesnt sound logical to me, but then what do i know! People are real scumbags (to put it nicely)

Sorry again i hope the rest of the week goes better for you!
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  #8  
Old 08-16-2012, 02:44 PM
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I recently went through a similiar situation with a family that also refused to pay their two weeks notice. They told me that if I took them to court to collect fees or sent them to a collection agency they would call and file a complaint on me. In California a complaint stays on your record even if it is unfounded. I just let it go, it wasn't worth it to me to have any kind of complaint on my license.

I have never required a two week deposit until this situation. My new family I enrolled have paid a 2 week deposit that I put in savings. I will always require a 2 week deposit from now on, even if they have to make it in payments.
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Old 08-16-2012, 02:49 PM
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If Barbara owes you money for failing to give you a two-week notice upon leaving, your chances of winning in court are more problematic. Legally, you should win since she violated your contract. Unfortunately, some judges will listen to a parent complain about the care her child received, and not enforce the contract. Your best defense in court is to tell the judge: 1) Barbara never complained about care before she left; 2) Barbara never made a complaint to licensing; or 3) licensing said the complaint was unfounded.

This is taken from the second article of Tom's. And why I chose to just change my policy rather than go after the parent.
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  #10  
Old 08-16-2012, 02:54 PM
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Quote:
Originally Posted by Breezy View Post
DCF of my screamer termed care at the beginning of the month because her schedule changed to ALL weekend days. This was the text I got from her on August 2nd after DCG had not been here for 2 days because they had flooding in their house and DCM had to stay home,

Her: "I just found out some news at work....like 2 mins ago..."
Me: "Oh! I hope its good news!"
Her: "They are changing my schedule to less days during the week. It will be mostly if not all weekends."
Me: "Ok, so what does that mean for daycare?"
Her: "Well, I will need less days. You need to let me know if you can do that schedule or if I need to make different arrangements."
Me: "I will not be able to accommodate a schedule of all weekends. I would be happy to continue to care for her until you do make different arrangements, though. My policy on leaving care (as outlined in your contract) is Two weeks written notice is required any time after the 14th day of care. Fees will still be due if you withdraw your child before notice is given, or at any time during the notice. Two weeks fees may be paid in lieu of the two week notice."

Never heard a word back from her. I contacted her again on Saturday the 4th to see if she had made a decision one way or the other... STILL nothing.

So, I sent them a notice letting them know that they owe $310.00 (normal fees plus late fees) and if they paid by Friday August 24th I would waive fees. If not, I would send everything to collections and they would be responsible for ALL fees and those incurred by attempt to collect the debt.

She texts me today and says that she contacted her attorney and he looked over the contract and told her that she is not required to uphold it since I was the one that told her I could not accommodate her new schedule. There for I voided the contract in the first place and she is not required to pay or do anything AND she can file a complaint against me. She also told me that her schedule changed because I was unreliable. REALLY lady? Unreliable because I won't let you change your schedule less than 8 hours before you are due to drop your child off?? Because I require NOTICE for changes.

I bent over BACKWARDS for this family to accommodate weekends occasionally (which was always to be on a DROP IN basis- if I could) and evenings frequently (12-9).. Obviously HUGE mistake to give special because they didn't see it as special.

But really? WHY would I have you sign a contract if you didn't have to uphold it?? Oh YOUR schedule changed and YOU need to find alternate care so you get to just leave without another word to the person that has cared for your child for the last 10 months?? I see.



What does your contract say about you terminating the contract?
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  #11  
Old 08-16-2012, 03:01 PM
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Will respond with rest of our convo after I get kids down
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  #12  
Old 08-16-2012, 03:03 PM
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I am so sorry this is happening!! Its the exact reason I require a 2 week deposit, Non refundable. Once they pay the deposit and turn in my required forms I hold there spot. If they change their mind, they can walk away or use the two weeks. I doubt she went to a lawyer, you are not REQUIRED to accommodate their schedule. Only the schedule that is originally agreed upon. Did you have her sign something that states what her schedule is?
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  #13  
Old 08-16-2012, 03:27 PM
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I am sorry this person is giving you a hard time. I don't have any legal wisdom on contracts and thier enforcebilty but, your situation just shows that even the best daycare family can turn ugly when you don't do exactly what they want. It is why I would never bend over backwards for any daycare family. I hope this works out for you.
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  #14  
Old 08-16-2012, 03:52 PM
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she's full of b.s. You can't accomodate her because your not open during the hours that she needs, your not mcdonalds. I would call her bluff and send her to collections, don't back down, because she's mad. Oh make sure you save every convo with her, and ask for her lawyers name, tell her that licensing would like to know their name to write it down in their files.
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  #15  
Old 08-16-2012, 03:56 PM
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UGH I just typed up everything and accidentally hit back!!

Ok, I am not typing it all out again because I said A LOT so heres the gist.

ME: I basically told her that it was never brought to my attention that she had any concerns about my care until this very moment. I keep records of all correspondence for that reason.

HER: "It wouldn't have mattered if I told you why or not... its really not your problem as you seem to be saying.. so apparently we r at a cross roads."

ME: I let her know if she had voiced her concerns we could have talked them out then. I was/am under the impression that she was perfectly happy with my care and her schedule changed to hours I could not commit to. I was more than willing to care for DCG during the notice period but SHE chose not to use me anymore

HER: "I sure did because you proved to be unreliable and I can't have that. So my attorney will handle it from here and I will decide how to proceed further when discussing it with him"

SO, she basically contradicted herself and said that she didn't choose to take her out of care but now she is saying she did choose because I am unreliable?

Hmm, really. Sorry that I wouldn't let you change your schedule when you texted me on a Friday asking if I would watch her Saturday when she was not scheduled 'til Monday. No I had plans to go see family in a different city. Sorry I am SO unreliable.
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Old 08-16-2012, 03:59 PM
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Quote:
Originally Posted by MyAngels View Post
What does your contract say about you terminating the contract?
Termination
The first two weeks of childcare are an adjustment period. It is my responsibility to let you know if your child seems unhappy or the arrangement is unsatisfactory for any reason. It is your responsibility to let me know the same. You or I can terminate the contract at any time during the adjustment period in writing on or before the 14th day of care begins.
Two weeks written notice is required any time after the 14th day of care. Fees will still be due if you withdraw your child before notice is given, or at any time during the notice. Two weeks fees may be paid in lieu of the two week notice. Termination notice will NOT be accepted while provider or parents are on vacation.
I will provide you with a two week written notice if I am no longer able to care for your child. You are still responsible for paying these fees during the notice regardless of whether your child attends or not.
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Old 08-16-2012, 04:51 PM
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This is a huge reason why I quit. I sold all daycare stuff and bought a new couch. The parents are enough to cause a nervous breakdown.
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  #18  
Old 08-16-2012, 05:40 PM
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So Sorry Breezy, that you are experiencing this! Suggestion: Don't Delete your text correspondence with her, keep them and print them out incase you decide to take her to court. You have proof of her contradicting herself which was the main reason according to her "lawyer" that she didnt have to pay!

Nickel, that is a very good realistic example

I second the 2wk deposit!
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Old 08-16-2012, 06:23 PM
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Originally Posted by saved4always View Post
I am sorry this person is giving you a hard time. I don't have any legal wisdom on contracts and thier enforcebilty but, your situation just shows that even the best daycare family can turn ugly when you don't do exactly what they want. It is why I would never bend over backwards for any daycare family. I hope this works out for you.
I feel exactly the same way, about making exceptions for people, I just don't do any favors or bend my policies anymore. Too many times they made me regret it and don't appreciate it. Then I felt bad about being taken advantage of. Not any more....It's too bad it has to be that way.
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Old 08-16-2012, 06:41 PM
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if she was so unhappy with your care, then why didn't she take her child out of her care right away.
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Old 08-17-2012, 10:26 AM
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Quote:
Originally Posted by Breezy View Post
Termination
The first two weeks of childcare are an adjustment period. It is my responsibility to let you know if your child seems unhappy or the arrangement is unsatisfactory for any reason. It is your responsibility to let me know the same. You or I can terminate the contract at any time during the adjustment period in writing on or before the 14th day of care begins.
Two weeks written notice is required any time after the 14th day of care. Fees will still be due if you withdraw your child before notice is given, or at any time during the notice. Two weeks fees may be paid in lieu of the two week notice. Termination notice will NOT be accepted while provider or parents are on vacation.
I will provide you with a two week written notice if I am no longer able to care for your child. You are still responsible for paying these fees during the notice regardless of whether your child attends or not.
There you have it. Even if a judge were to agree that your text indicating that you could not provide weekend care constitutes "written notice" she still owes the remaining two weeks of care, plus any late fees that are noted elsewhere in your contract.

It's almost always my opinion in cases like this to go after any unpaid fees. Save the texts, go to court, get a judgment and vigorously collect said judgment, or turn it over to a collection agency if you have the verbiage in your contract about the client being responsible for the fees.
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Old 08-17-2012, 10:30 AM
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Quote:
Originally Posted by Country Kids View Post
I love having Tom on here and wish there was a way to have lawyer on here. I wonder if Tom could answer if this lawyer was correct or not?

Also, what kind of complaint would she be file against you and with who? I'm so sorry Breezy that it turned out this way. I wish you could have a lawyer look it over and let you know if thats correct or not.
Are you open on the weekends? Did she normally bring her child on the weekends if you were open on the weekend? If no to both of those questions, then BS. I hope Tom can weigh in.
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Old 08-17-2012, 10:57 AM
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Are you open on the weekends? Did she normally bring her child on the weekends if you were open on the weekend? If no to both of those questions, then BS. I hope Tom can weigh in.
She had a retail schedule so once or twice a month I took her on the weekends. It was always agreed it was on a drop in basis. Only if I was able to.
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Old 08-17-2012, 11:13 AM
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She had a retail schedule so once or twice a month I took her on the weekends. It was always agreed it was on a drop in basis. Only if I was able to.
What does your contract with her say about this? This could be the ticker. If it says exactly what you said then you should be fine because technically she wanted to change the schedule not you therefore she was voiding the contract not you. Her needs changed, not your availability. Weekend clients are tough which is why I consider weekend days solely as drop-in and separate from weekly childcare. This way if I am unavailable on weekends I don't have this problem you are having now.

If however you don't specifically state how many weekends is included with your contract with this family then you could have a hard time of proving she was at fault.

I would contact her simply to request her lawyers information because you have questions and need to communicate with them.
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Old 08-17-2012, 11:19 AM
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I call B.S.

Unless she has an attorney friend who is working for free, most attorneys cost more than what she owes you.

I would call her bluff and continue to try and collect the money.

Send her a text saying that you are sorry she feels that she doesn't owe you. Tell her she still has until the 24th to pay in full or you will continue trying to collect the money owed in whatever ways are necessary.

I would be inclined to mention that you also have all the text conversations between the two of you and you stand by the contract that she signed.


Funny how things are good with a family until they don't get what they want.
ditto this!!!

didnt you say the mom worked retail? I don't know of any retail jobs that pay enough money to hire an attorney....
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Old 08-17-2012, 11:47 AM
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oooooowwwww. I like the idea of asking for her lawyer's information so that you may contact him directly. Or have your own legal council contact him directly! It's a way to see if she is lying. kwim! Teeheehee!!!!
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Old 08-17-2012, 11:53 AM
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ditto this!!!

didnt you say the mom worked retail? I don't know of any retail jobs that pay enough money to hire an attorney....
Yep she works at Walmart
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Old 08-17-2012, 11:54 AM
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What does your contract with her say about this? This could be the ticker. If it says exactly what you said then you should be fine because technically she wanted to change the schedule not you therefore she was voiding the contract not you. Her needs changed, not your availability. Weekend clients are tough which is why I consider weekend days solely as drop-in and separate from weekly childcare. This way if I am unavailable on weekends I don't have this problem you are having now.

If however you don't specifically state how many weekends is included with your contract with this family then you could have a hard time of proving she was at fault.

I would contact her simply to request her lawyers information because you have questions and need to communicate with them.
She was contracted Monday-Friday 7-4.
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Old 08-17-2012, 11:58 AM
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Yep she works at Walmart
maybe walmart has lawyers now too along with all of those fancy medical benefits they give their employees.....lol yea I am say BS....

However, I think that this just might be a losing battle. If I were you, I would just call it a loss. This family has no lawyer, no money and if you take them to court its going to be more work, time and money for you that this family owes.
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Old 08-17-2012, 12:17 PM
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I only read about half of the replies, so forgive me if I'm repeating something...

I don't mean to be contradictory, and I'm not trying to take the "other" side, but just playing Devil's advocate here. If you look at it this way, YOU are actually terminating the relationship. I'm assuming you've done at least some weekend care for her, but you don't want to do all weekend care? So you are saying that her schedule no longer works for you, and you no longer wish to care for her child because of it.

I would really need to read the entire contract to see just how it is worded, but it seems to me she has a case here. And if she is already threatening "telling on you" (eye roll), then she's one of those wacko parents who just might make things miserable for your business. I would definitely NOT engage in a back and forth with her. If you really feel that you are right, I would try to find an expert of some sort who could look at your contract for a reasonable fee, and give you some advice on how to proceed.

Sorry, I really am not trying to be argumentative, but this is how I see the situation. I really do wish you the best. Difficulties with parents really sucks!!

Edited to Add: This quote -- "I will provide you with a two week written notice if I am no longer able to care for your child. You are still responsible for paying these fees during the notice regardless of whether your child attends or not." just may be what saves you!! Good job on including that. Usually, contracts do not include a clause that parents still owe the final 2 weeks (even if they choose not to attend) when the PROVIDER terminates care.
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Old 08-17-2012, 01:18 PM
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She was contracted Monday-Friday 7-4.
If your contract says Monday through Friday 7-4 then thats all you are obligated to provide. Days on the weekends were an added bonus that she got for free (or paid if she paid it). Again HER needs changed, not yours. You offered to provide some weekend childcare for her depending upon your availability but that is not a requirement of your contract.

Her schedule changed therefore she needs to find alternative childcare which means she needs to give you a two-week termination notice.

Quote:
If you look at it this way, YOU are actually terminating the relationship. I'm assuming you've done at least some weekend care for her, but you don't want to do all weekend care? So you are saying that her schedule no longer works for you, and you no longer wish to care for her child because of it.
The contracted hours are Monday-Friday and do not include weekends therefore I'm assuming here that any days on the weekends were extra. She is only obligated to provide childcare during the weekday, not on weekends. The parents needs have changed. Not the provider. If taken to court a judge will ask to see what was contracted.

I do weekend childcare all the time for my regular clients and I don't require them to sign a different contract for when they want weekend childcare because I am only obligated to provide childcare for what is contracted, weekends are just extra days. And this is coming from a business lawyer friend of ours in CA which helped me do my contract and handbook. I had this problem once before and the parent threatened to contact a lawyer but I never heard from them again other than to receive a check in the mail for what they owed me.

Don't forget that you can also report any debt owed to you to ProviderWatch.com for free. It's a national debt inquiry company catered directly towards childcare. You can check to see if clients owe money to other childcare providers (for a fee) but reporting a debt is always free.


This just seems like another case of Give a parent "special" and "special" becomes "normal" and then they expect more. Now that you have said no to them you have exceeded your purpose and are no longer useful. It's unfortunate but it happens quite often.
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Old 08-17-2012, 02:11 PM
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However, I think that this just might be a losing battle. If I were you, I would just call it a loss. This family has no lawyer, no money and if you take them to court its going to be more work, time and money for you that this family owes.
I've got to disagree with you here. Going to small claims court is really not that difficult. There are some pros and cons, as with all things.

There is an outlay of money initially for the filing fee and service fee, so that's a con - but this money can be recouped later when you collect on the judgment.

Once you file your complaint and get service you do have to take a small amount of time to go into court (assuming you didn't hire a lawyer).

More than half the time small claims complaints result in a default judgment because the defendants don't show up (a win for you, the plaintiff). Judgments in my state accrue interest at 9% per annum until they are paid in full.

Once you've got your judgment it's just a matter of collecting. This can sometimes take awhile, especially if you're going after someone who is not that concerned with paying their bills in the first place.

The first thing I would do is file the judgment with the county Recorder's Office. If you do this they can't buy or sell any real property without satisfying the judgment, plus it goes on their credit at this point, too.

If you keep good records, as we all should, you can also file a levy against their bank account. If you time this right you'll get all of your money at that time.

You can also try to file a wage garnishment against them if you know where they work. This isn't always effective with people who don't make much money, since they have to make over a minimum amount in order to be garnished.

I think when we are afraid or unwilling to enforce every aspect of our contract it weakens the entire contract. Why have one if you're not going to enforce it, KWIM?

DISCLAIMER: I am not a lawyer, and this not legal advice. It is based on my knowledge of the laws of the State of Illinois and common legal practice in my county. As with all things, YMMV .
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Old 08-17-2012, 03:08 PM
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I've got to disagree with you here. Going to small claims court is really not that difficult. There are some pros and cons, as with all things.

There is an outlay of money initially for the filing fee and service fee, so that's a con - but this money can be recouped later when you collect on the judgment.

Once you file your complaint and get service you do have to take a small amount of time to go into court (assuming you didn't hire a lawyer).

More than half the time small claims complaints result in a default judgment because the defendants don't show up (a win for you, the plaintiff). Judgments in my state accrue interest at 9% per annum until they are paid in full.

Once you've got your judgment it's just a matter of collecting. This can sometimes take awhile, especially if you're going after someone who is not that concerned with paying their bills in the first place.

The first thing I would do is file the judgment with the county Recorder's Office. If you do this they can't buy or sell any real property without satisfying the judgment, plus it goes on their credit at this point, too.

If you keep good records, as we all should, you can also file a levy against their bank account. If you time this right you'll get all of your money at that time.

You can also try to file a wage garnishment against them if you know where they work. This isn't always effective with people who don't make much money, since they have to make over a minimum amount in order to be garnished.

I think when we are afraid or unwilling to enforce every aspect of our contract it weakens the entire contract. Why have one if you're not going to enforce it, KWIM?

DISCLAIMER: I am not a lawyer, and this not legal advice. It is based on my knowledge of the laws of the State of Illinois and common legal practice in my county. As with all things, YMMV .
I know what you are saying. I guess for me that amount of money would not be worth it to me. If I had to go to court, that means a day that I will have to close my daycare, upsetting my preschool program and parents. It would cost me to close my daycare too.

Even when you wrote it, it sounds like just a lot to have to do. BUTif you have that kind of time and patience, then go for it and chase the money.


I would not waste another second on this family and I would be chasing new clients instead and letting go of the past. I always say what goes around comes around. That family will get what they deserve in the end. Life always seems to work itself out that way, so I think...
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Old 08-17-2012, 05:50 PM
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I know what you are saying. I guess for me that amount of money would not be worth it to me. If I had to go to court, that means a day that I will have to close my daycare, upsetting my preschool program and parents. It would cost me to close my daycare too.

Any income that you lose by closing your daycare can be included in the judgment amount awarded by the court.

Even when you wrote it, it sounds like just a lot to have to do. BUTif you have that kind of time and patience, then go for it and chase the money.

It's not about "chasing the money" - it's about enforcing the contract. The contract that I spent a lot of time and effort creating. The contract that so many complain about when parent's don't honor it.

I would not waste another second on this family and I would be chasing new clients instead and letting go of the past. I always say what goes around comes around. That family will get what they deserve in the end. Life always seems to work itself out that way, so I think...
Who says you can't chase new clients and collect from previous clients? I know most of us can certainly multi-task.

Again, if you're not going to enforce your contract why have one in the first place?
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Old 08-18-2012, 08:04 PM
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She was contracted Monday-Friday 7-4.
This is the bottom line. All you need. End of story. Period.


**She** originally contracted for those hours.
**She** requested to change them to ones you couldn't accommodate
**She** decided to no longer have her child attend at that point.

That's all on **HER**
That's **HER** not fulfilling the terms of the original contract and terminating, not you.


Would be a different story if you altered the terms of the original contract, provided care for those new hours and then decided you couldn't continue. But that wasn't the case.

For those that think it's the provider terminating here if a parent originally contracted M-F, 8-5, came to you and demanded you instead start watching their child every third day from 9pm to 3am and every Sunday during church hours and you said no - that's not you terminating. Anything that deviates from the originally contracted hours is on the parent, not the provider. Not being willing or able to change the terms of an original contract is always on the parent.


I call bull about the lawyer bit too.

I have one on retainer because of issues I have with my children's father. Not only did it cost me $2500 just to get him to sit down with me (and $120/hour every hour after I used that up) but after he had my check he so much as demanded I never speak directly with the other party.

I would let her know you're going to continue with collections proceedings as you already told her and you'll be watching for this supposed lawyers filings with great anticipation. Beyond that you don't wish to communicate further due to her hostility over the situation. She's aware of your expectations, she's aware of what'll happen if she doesn't square up her final bill. Also let her know you're extremely surprised her lawyer advised her to be speaking to you directly in such a way. That's supposed to be his job.

You are well within your rights and should have no problems collecting.
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Old 08-18-2012, 09:42 PM
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She texted me again today telling me she needs her daughters play mat back that she supplied when she first started. I haven't responded yet but if she had not blown me off she would have it already!
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Old 08-18-2012, 09:51 PM
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I didn't realize the contract was for M-F. Sorry. Thought from how you said it, that you did weekends for her sometimes. Ok, forget what I said!!
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Old 08-18-2012, 10:02 PM
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Thought from how you said it, that you did weekends for her sometimes.
Wouldn't matter if she did, the contracted hours are the only thing that matter when it comes to the contracted terms.

If it's not in there that the provider will be available to provide care any/all weekends then she doesn't have to.


Frankly, I think this mom ought to be ashamed of herself. Sounds like you bent over backwards to accommodate her wonky schedule, if anything she should be apologetic that work is bouncing her around the way it is and that that's caused you so much readjustment (which frankly doesn't make any sense, school start up launches right into holiday/Christmas season, they should need her more than ever in just a few short weeks), and thanking you to high heaven for doing all you did to accommodate her for as long as you did.
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Old 08-18-2012, 10:42 PM
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Wouldn't matter if she did, the contracted hours are the only thing that matter when it comes to the contracted terms.

If it's not in there that the provider will be available to provide care any/all weekends then she doesn't have to.

My comment is above yours where I say that I didn't realize she wasn't contracted for weekends.
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Old 08-19-2012, 06:20 AM
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so what are you going to do. Send her a registered letter stating she owes you fees. I watch alot of peoples court and make sure you have a paper trail and that you tried to reach her.
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Old 08-19-2012, 09:10 AM
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She texted me again today telling me she needs her daughters play mat back that she supplied when she first started. I haven't responded yet but if she had not blown me off she would have it already!
I would text her and tell her that when she stops by to drop off payment in full, she can pick up her DD items.

Remember though, it isn't legal to hold her DD's things hostage for the money.

I would just text her the above statement so she knows you are expecting payment in full despite her "threats" of an attorney.

Perhaps, when she sees you aren't backing down, she will just give up and pay the bill.
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Old 08-19-2012, 02:14 PM
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sorry you are dealing with this mess!! I am very glad I collect a deposit up front and will never run into this. Also, my contract specifies the days/hours of care and that any changes need to be approved by me and a new contract needs to be signed for the changes to become effective. I was going to switch to separate contract/handbook like a lot of people here have but with situations like this I am thinking its better to have ALL that info in one place and I'm going to keep it that way!!

Good luck!!
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Old 08-19-2012, 07:07 PM
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I would completely stop with the text messaging. I would send her a demand letter, requesting payment in full by a specific date and state that if payment is not recieved by that date then you will pursue legal recourse. Send it certified mail, if she refuses to sign for it, send it again, if she refuses to sign for it file it and proceed with taking her to court. I would not communicate with in her AT ALL, other than the letter.
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Old 08-19-2012, 07:52 PM
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I would completely stop with the text messaging. I would send her a demand letter, requesting payment in full by a specific date and state that if payment is not recieved by that date then you will pursue legal recourse. Send it certified mail, if she refuses to sign for it, send it again, if she refuses to sign for it file it and proceed with taking her to court. I would not communicate with in her AT ALL, other than the letter.
I agree with this. Why do you all continue to text with parents, all I ever see that comes from all this texting is bad stuff.
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  #45  
Old 08-20-2012, 12:34 PM
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I agree with this. Why do you all continue to text with parents, all I ever see that comes from all this texting is bad stuff.
Text records are admissible in courts in some states and can be used as a record, same as emails. I wouldn't continue to contact her anymore unless through certified mail either which included instructions on how any further contact and responses made by them must be made by certified mail as well.
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