So all of my DC payments were due on monday for the month of june.

I deposited all of my checks on sunday night around 9pm. (most of the parents dropped of payment on Friday) The checks do not clear until Monday at 12am.

One of the DCP bounced me a check and said that it is my fault because I deposited it at the ATM on sunday, 1 day earlier.

I told the dcp that the check was not cleared through the account until Monday, the date the the money was due.

Sooooooo am I in the wrong???

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Their fault, absolutely

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Nope, Sunday is not a business day. You did nothing wrong.

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DCP is saying that its my fault.

Technically, I did physically deposit it before the due date, however, electronically, the payment did not go through until the next business day.

I am going to tell them sorry it's late and I need the bounce check fee....

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I would simply get the record from the bank as to the time and date it bounced,, present it to them with a demand to pay due to bounced check, and hand it to Em.

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is there a full moon out or something? I have had wonderful parents (ok all but one family) this past full year. Amazing people.

All of a sudden in the last month or so, families that I would have never thought are giving me a hard time???

wonder if they are just getting comfortable with me that they just feel like maybe they don't have to follow my rules anymore??????

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That's exactly what I've found to be the problem. Long term families get comfortable and decide to take advantage of your "friendship" ... so make sure you don't let them. It helps them get back on course.

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Did it clear at midnight Sunday/Monday or Monday/Tuesday?

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I had to term my long term afternoon three year old last week. I've had her one and a half years. Long story but basically it came down to breaking rules. I have a waiting list. I don't have to and will never tolerate rule breaking. Her spot was filled an hour after I termed.

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#1 If it was this past weekend, the check didn't even hit the bank until Tuesday as Monday was a holiday.

#2 It is illegal to write a check that does not have the funds to cover it.

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sorry it actually looks like it cleared on Tuesday, not Monday.... so she is late late late late late....

UGH...

Sharlan.....even If I ask them to drop payment is that wrong of me????

It says in my policy that if we are closed for any reason on payment due date, that payment will be due the day before. In this case, am I breaking the law??

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I dropped my checks for Friday in the bank on Friday evening. They weren't deposited in the bank until TUESDAY since Monday was a holiday and everything was closed.

If DCM wrote the check dated MONDAY 5/27 and it didn't clear until TUESDAY 5/28, and there were STILL insufficient funds, what SHE did was illegal. Sorry dcm is absolutely wrong here. She owes you a bounce check fee and an apology, imo!

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No matter how you look at it, unless the check was postdated (which is technically illegal though I think a lot of people do it), you are fine to deposit it as soon as it is in your possession. it is illegal to "float" a check by writing it when there are not funds to cover it. So even if it DID clear Sunday, she GAVE it to you Friday and the money should have been there. SHE is in the wrong.

And especially being that Monday was a holiday so it didn't clear until Tuesday but was due Monday...yes you are in the right and she owes you bank fees and late fees.

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If its your policy that payment was due last Friday that means the money has to be AVAILABLE ON FRIDAY... Which means you legally could have deposited Friday morning. I would charge her a bounced check fee and a late fee.

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Exact reason I only accept CASH payments.

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I hate the holiday issue... the DHS always holds it over a day longer!

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I used to have a dcm that would pay me on Monday (due date) and expected me to wait until Saturday to cash it. If I waited and cashed it the following Monday because I couldn't get to the bank on Saturday, or cash it during the week, she would get mad at me because it would bounce because either she didnt really have the money in there yet, or her husband would take it.
How crazy is that? I finally told her to pay me in cash, that way I could deposit my pay when I wanted to.
Funny thing is she worked for a bank and should know how to balance a checkbook and keep her husband out of the daycare funds!

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If I were to have deposited in on Thursday night at the ATM and it cleared the account on Friday at 12am, would I still be in the wrong??

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I actually don't like cash....lol I spend it too easily and have to walk it into the bank to deposit. It also really does not leave much of a paper trail which means I have to print out two receipts and have them sign one for my records as well.

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Hmmmm now that's tricky. I'd say yea, that'd be wrong. If payment is due on Friday I wouldn't deposit until Friday. That's just me though.

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It sounds like it would have bounced anyway even if you did wait until Monday to deposit the cheque.

This is why I won't deposit a cheque until the day it is due and I don't accept post-dated cheques. That way there is no confusion and no questioning whose fault it is. It would very clear it was their fault.

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This.

She doesn't get to dictate your banking schedule. She's just blowing smoke, because no matter when you deposited it, the funds simply weren't there. I'd send out a notice that says they should expect that checks will be deposited the same day they give them to you and you will not hold them for liability reasons.

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THIS is what I would do. It would show an effort on your part to TRY to believe that the funds would have been available if you would have waited a few hours to deposit it. And, I guess it is POSSIBLE that the bank would go backwards to the time that the checks went into the ATM (HIGHLY unlikely, but POSSIBLE).

Call the bank, explain the situation, and ask them to e-mail you verification. Then you can tell the parents that you asked the bank to investigate, you can present the findings, and you can prove without a doubt that the check did NOT clear the bank on Sunday.

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Yes, I'm sure all banks do it different but mine has a computer automated printed thing on the back showing the exact date and time the check was automatically "run". That would prove your point.

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Any time a person writes a check, it is their responsibility to know they can cover it. Not being able to cover it, even for one day is check floating and is illegal.

So it's WHOEVER WROTE THE CHECK'S fault if funds were not available as of the date of the check.

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Mine, too!

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Me too. In advance!

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I worked at a bank for 5 years and it doesn't matter when you physically deposited the item; it matters WHEN IT WAS PROCESSED. Sunday is not a business day and Monday was a Holiday; the check could not have possibly bounced until Tuesday. I would make it clear that if another check was written before funds were available, you'd be forced to place her account on a cash/money order only status. I'm sorry this happened to you and if they continue to complain I'd request that they bring in the bank statement showing when the check cleared in order for any fees to be waived... They won't because it will prove they wrote you a bad check.

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My contract for payment says ALL checks will be deposited on Friday evenings at 5:30.

This way parents KNOW exactly when I will be depositing checks.

If the money is not immediately available to me upon due date then I consider it late.

No way would I even entertain the idea of arguing this point back and forth with a parent.

As unregistered said, checks should NOT be written unless the person has the money in their account at the time of handing over the check.

I don't hold checks either.

I have stashed a check for use later and didn't cash it but the funds still better be there as once that check is written the money belongs to me.

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Thanks so much for responding.

I called the bank and asked for a time stamp, which they were happy to mail to me via regular mail. I told dcp that all care was suspended until I received ALL tuition fees, late fees, bounced check fees in full.

I reminded them of the holiday and explained that the check did not clear until Tuesday. They are now blaming the bank saying that the bank did not transfer the money from their savings to their checking and this is why the issue.

So I told them they should look for a new bank.....lol

DCK came on Tuesday, I allowed them to stay, but was not here yesterday. My policies state that if you are absent for 3 days without communication, I will terminate your contract.

I did not hear from them all day yesterday, nothing today so far, if they dont pay, call or attend tomorrow, they are going to get a term letter. I do require a full two week deposit, so at least I will have that to keep if they chose to not come back.

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I do have it in my contract that all checks must be received on or before 6:00pm each friday, one week in advance.

I think were some of the issue lies, is that I have always allowed parents to give me their check early, but then not deposit it until the due date.
I need to change it to-

All checks will be deposited when received.

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Also, if you choose NOT to deposit the check the day you get it and you go a month later, it should still not bounce. If they balance their checkbook the way they are supposed to, it shouldn't matter when the check is cashed; early or late. It would be one thing if they said "Hey, I am writing this check, dating it for Friday because I get paid Friday, please do not cash it til Friday" but it's a whole other thing when they try to blame things on you or the bank for their inability to keep their finances straight.

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When you let Dcm know what the bank said she didn't mention why they didn't show up?? Or did you last talk to them Tuesday and nothing since?? One more day to go and your problem will vanish...deposit or not, they still owe you a bounce fee and I'd totally collect it.

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I think this is a good way to go.

I don't think it's wise to require payment a week ahead of when you are actually going to cash it. If parents know this, they may think they have wiggle room.
Make it more cut and dry.
Payment is required on the such and such a day and cheques will be deposited on that same day. Then if you yourself don't get to the bank until a couple days later, that's your prerogative, but you know the payment will be available to you.
After one bounced cheque I require all future payments in cash.
You could request this if the family comes back.

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