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Daycare Center and Family Home Forum>Got The Letter From The Lawyer Today
cillybean83 12:18 PM 01-15-2011
So, it's a 2 page letter that says that the dcm doesn't owe anything and if i pursue it she will countersue me for $400.

I say bring it
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dEHmom 12:24 PM 01-15-2011
lol I love how you put the 2 page letter into 16 words. Yeah, I counted them!

She's just trying to scare you. You got this! GO GIRL
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cillybean83 12:27 PM 01-15-2011
it's all a bunch of bs, he's quoting facebook messages and twisting them and taking stuff out of context. I wrote a reply, I haven't sent it yet though because I want to think long and hard about what I include, but right off the bat i told him that I didn't just fall off the turnip truck, if this were to see the inside of the court room our petty emails could neither hurt or help either side, they are emails, that can be copied and pasted, they can be altered, they could be faked, they aren't worth the paper they're printed on, so if all he's got are some emails, then he might want to rethink his approach.
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KEG123 12:40 PM 01-15-2011
I wouldn't even respond. Waste of time/effort.
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Pammie 12:49 PM 01-15-2011
I agree - as tempting as it is - don't even respond.
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dEHmom 01:11 PM 01-15-2011
I agree, don't respond. you are giving them stuff to feed on. AND...remember how anxious you were awaiting the arrival of the email/letter? Just think how anxiously they are awaiting a response from you!
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e.j. 01:15 PM 01-15-2011
Originally Posted by cillybean83:
it's all a bunch of bs, he's quoting facebook messages and twisting them and taking stuff out of context. I wrote a reply, I haven't sent it yet though because I want to think long and hard about what I include, but right off the bat i told him that I didn't just fall off the turnip truck, if this were to see the inside of the court room our petty emails could neither hurt or help either side, they are emails, that can be copied and pasted, they can be altered, they could be faked, they aren't worth the paper they're printed on, so if all he's got are some emails, then he might want to rethink his approach.
As tempting as it would be to respond with some of the above, I'd either not reply at all or I'd keep it simple and professional and just let him know I had received his letter and plan to move forward.
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Unregistered 01:25 PM 01-15-2011
Only the guilty get a lawyer before a lawsuit is brought against them.
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cillybean83 01:26 PM 01-15-2011
i wrote a response that was very lengthy, and I saved it. The response I am actually sending is:

Mr. ***xx

I received you letter on 1/14/2011. I have drafted a formal response to you opinions and accusations but rather than taking the time to mail the response, I would like to request a mediation between you, your client, and myself. Hopefully this meeting will work to bridge the gap between what your client wants, and what I'm prepared to offer. I am available to meet all week and I look forward to your response. If something can not be arranged this week, please note that I still plan to file my suit on the 24th as planned.
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Kaddidle Care 01:57 PM 01-15-2011
Originally Posted by cillybean83:
So, it's a 2 page letter that says that the dcm doesn't owe anything and if i pursue it she will countersue me for $400.

I say bring it
On what grounds?

My response would have been "see you in court."

Yeesh - pretty soon you all will be having the parents sign a daily contract.
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Michael 03:27 PM 01-15-2011
Originally Posted by Pammie:
I agree - as tempting as it is - don't even respond.
Agree, what you give him now he can use in court. Give him nothing but a simple response that you will let a judge decide.
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dEHmom 03:30 PM 01-15-2011
I thought the same, BUT maybe some of us have forgotten, or didn't know, that Cillybean was in school and was planning to become a lawyer. Or something of the sort, I'm probably messing that up, but she knows her law stuff and is dying to get in that court room!
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Michael 03:33 PM 01-15-2011
Originally Posted by cillybean83:
i wrote a response that was very lengthy, and I saved it. The response I am actually sending is:

Mr. ***xx

I received you letter on 1/14/2011. I have drafted a formal response to you opinions and accusations but rather than taking the time to mail the response, I would like to request a mediation between you, your client, and myself. Hopefully this meeting will work to bridge the gap between what your client wants, and what I'm prepared to offer. I am available to meet all week and I look forward to your response. If something can not be arranged this week, please note that I still plan to file my suit on the 24th as planned.
Actually this is the correct response. Looks like she knows what she is doing.
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Lucy 03:51 PM 01-15-2011
I would send something short & sweet - with emphasis on the sweet - saying "Thank you for your letter of X date. I plan to file on X date. Regards, Cillybean." Anything you say at this point can be twisted, so I wouldn't give him much to go on.
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QualiTcare 04:03 PM 01-15-2011
Originally Posted by cillybean83:
i wrote a response that was very lengthy, and I saved it. The response I am actually sending is:

Mr. ***xx

I received you letter on 1/14/2011. I have drafted a formal response to you opinions and accusations but rather than taking the time to mail the response, I would like to request a mediation between you, your client, and myself. Hopefully this meeting will work to bridge the gap between what your client wants, and what I'm prepared to offer. I am available to meet all week and I look forward to your response. If something can not be arranged this week, please note that I still plan to file my suit on the 24th as planned.
i think this is perfect except i personally would leave out the part i bolded.
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Abigail 08:16 PM 01-15-2011
Very well done! I would be nervous enough going to court (since anytime I took someone to court they never signed papers and a court date was never set up, so I won by default--yet never got the money since I didn't know their place of employment until afterwards!)
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missnikki 09:35 AM 01-16-2011
QualiTCare is absolutely right. What are you going to do in court when the lawyer asks to see your "formal response" that you mentioned? Leave it out, the rest is magnificently simple.
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cillybean83 01:40 PM 01-16-2011
I've decided not to respond to him at all. I'm so done with this situation, I know I'm at a disadvantage in the courtroom since she has a lawyer and I don't, but I don't see how he can really help her.

I'm going to call his office tomorrow morning and be like look, you want to sweep this under the rug and have me settle for nothing, and that isn't going to happen. I'll tell him what I'm willing to offer to settle out of court, and he can either agree or disagree, at which point I'll go ahead and file my suit.

He's claiming that she will counter sue me for $400 (funny, that's the exact amount she owes me...) because she is claiming that she loaned me $650!!! That's craziness, I don't take LOANS from daycare parents! She prepaid $650 into her daycare account, the deposit date was recorded and the amount that was deducted each week was recorded both on billing statements and payment receipts. When she pulled her daughter out of daycare her account still had $250 in it, and I applied the entire $250 to her bill and I'm only suing for the balance which was 1 week of care that went unpaid, an extra day of care that went unpaid, and the withdrawl without notice fee.

He's also claiming that she didn't pull her child out of daycare, as in she didn't terminate her contract, and that her telling me that if I thought I watched her child too much then I shouldn't watch her anymore isn't an admission that she wanted to end care....but she told me point blank over the phone that she didn't want me to watch her anymore because all i care about is money, she told me in an email that she would never step foot in my house again, and the day she withdrew her kid she was told that she was welcome to continue in our daycare she just needed to make her account current and she sent her husband to pick up their kid instead of sending him to pay...all of that seems to easily prove that she did in fact cancel her contract without notice!

In any event, I doubt that our emails and facebook messages will hold any weight for either of us in court, you can copy and paste, alter, and rewrite emails and IMs so they aren't exactly credible....

What do you guys think about this mess?? I'm 100% confident that I'll win my case if we go to court, would you agree or do you think I should drop it?? I'm just curious of outside opinions
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Abigail 01:53 PM 01-16-2011
I don't know the "rules" of having a lawyer, like if you even need to respond. Since you didn't send the letter you were thinking, I wouldn't respond at all. I would just go file on the 24th or whatever day you said you were going to. I'm sorry this happened. I'm so glad that I'm not doing daycare unless they pay upfront. I don't ever want to be in this situation.
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Blackcat31 03:41 PM 01-16-2011
Before I stumbled upon running a daycare 17 years ago, I was in school to become a para-legal and after two years of schooling I learned enough to know that;
1. you should NOT respond, (he is baiting, intimidating, strongarming, coercing etc you)
2. file as planned with the info you have.
3. Stay professional, don't talk about feelings and impressions or anything implied...just facts.
File, go to court, let the judge ask the questions, and present your evidence. When and if she tries to countersue you, she has the burden of proof....Just as you do in your initial filing.
Don't respond to an unnecessary lawyer that SHE hired. Anything you say can and will be used against you! Calling him says you MAY be willing to negotiate. Are you? If not; file, present evidence, win.
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marniewon 04:16 PM 01-16-2011
Originally Posted by Blackcat31:
Before I stumbled upon running a daycare 17 years ago, I was in school to become a para-legal and after two years of schooling I learned enough to know that;
1. you should NOT respond, (he is baiting, intimidating, strongarming, coercing etc you)
2. file as planned with the info you have.
3. Stay professional, don't talk about feelings and impressions or anything implied...just facts.
File, go to court, let the judge ask the questions, and present your evidence. When and if she tries to countersue you, she has the burden of proof....Just as you do in your initial filing.
Don't respond to an unnecessary lawyer that SHE hired. Anything you say can and will be used against you! Calling him says you MAY be willing to negotiate. Are you? If not; file, present evidence, win.
I don't know a lot about law, but this seems like the way I would go also. Don't respond to him. File your suit. Be professional. State facts. Win the case .

If he (lawyer) had sent a letter asking you to consider dropping the late fees if it doesn't go to court, or something reasonable like that, I definitely consider it and contact him. But he didn't. The fact that he told you that you'll want to read the letter before filing, and then in the letter saying mom will countersue if you file, that tells me that he's threatening you, trying to scare you into backing down. You have no reason to be afraid, and responding to him will just make him think he's starting to break you. I would go on as you intended to do before you even heard of his existence.
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jen 06:10 PM 01-16-2011
I still don't think she "hired" an attorney. It would cost WAY more than just paying what is owed. It is probably a friend or a friend of a friend doing it for free...now if he is willing to actually show up in court for something he isn't being paid for is something else all together.

I think I would reply that his information is incorrect, that you are willing to settle for $*** and to be paid prior to DATE, or you will file with the court on DATE.
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dEHmom 06:35 AM 01-17-2011
Originally Posted by Blackcat31:
Before I stumbled upon running a daycare 17 years ago, I was in school to become a para-legal and after two years of schooling I learned enough to know that;
1. you should NOT respond, (he is baiting, intimidating, strongarming, coercing etc you)
2. file as planned with the info you have.
3. Stay professional, don't talk about feelings and impressions or anything implied...just facts.
Are you telling me Blackcat, that you learned 3 things in 2 years? lol Jk.
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Blackcat31 06:59 AM 01-17-2011
Originally Posted by Baybee0585:
Are you telling me Blackcat, that you learned 3 things in 2 years? lol Jk.
Obviously in our current line of work those were the three most important things to have retained.....LOL!

FTR, I learned alot more but most of it was about business (big box type) law and contract law in regards to property and land. One of our instructors was a real estate lawyer and the other was the attorney for a huge papermill company here in town...so if you have land disputes, especially implied easements or employee contracts that deal with over 500 employees, you give me a call and I will be glad to help!
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dEHmom 07:16 AM 01-17-2011
Originally Posted by Blackcat31:
Obviously in our current line of work those were the three most important things to have retained.....LOL!

FTR, I learned alot more but most of it was about business (big box type) law and contract law in regards to property and land. One of our instructors was a real estate lawyer and the other was the attorney for a huge papermill company here in town...so if you have land disputes, especially implied easements or employee contracts that deal with over 500 employees, you give me a call and I will be glad to help!
HAHA, yeah I was just buggin ya. I got up on the right side of the bed today. But so far DCG is not taking her morning nap, and it's worrying me. Moms prego, and she's at home, Dad was really late dropping off (an hour late) but his tire blew on the hwy coming in. He was fumin when he got here, for a big big football looking guy, I think I saw a tear in there.

I think you've made the right choice Cillybean. Best not to discuss any matters with him. Maybe simply just inform him, date payment is due with all late payments included, or you will file suit next day. End of story, period period period.
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Unregistered 03:29 PM 01-17-2011
I have been in a similar situation only ended up in small claims court over $750. Won the case, but it will be years before I see the money as dcm owes thousands to several others who also recieved income executions against her. I am getting 18 cents a day interest. Was it worth it? In my mind it was the right thing to do, but a lot of stress and fees to go through the courts.
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Daycare_Mama 07:14 PM 01-17-2011
You mentioned something about facebook, emails not being credible because of copy and paste, and I know what you mean about emails, but I'm pretty sure you could print your facebook messages. There's no way to copy/paste new/edited info into old facebook messages like you can in regular email. It's all time/dated too.

So you could either just try printing it as is (file, print) or take a screen shot of your page with the messages up and save it as a picture and print that. Just a thought, if your fb messages validate what you have said to her.
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Preschool/daycare teacher 08:11 PM 01-17-2011
Originally Posted by cillybean83:
I've decided not to respond to him at all. I'm so done with this situation, I know I'm at a disadvantage in the courtroom since she has a lawyer and I don't, but I don't see how he can really help her.

I'm going to call his office tomorrow morning and be like look, you want to sweep this under the rug and have me settle for nothing, and that isn't going to happen. I'll tell him what I'm willing to offer to settle out of court, and he can either agree or disagree, at which point I'll go ahead and file my suit.

He's claiming that she will counter sue me for $400 (funny, that's the exact amount she owes me...) because she is claiming that she loaned me $650!!! That's craziness, I don't take LOANS from daycare parents! She prepaid $650 into her daycare account, the deposit date was recorded and the amount that was deducted each week was recorded both on billing statements and payment receipts. When she pulled her daughter out of daycare her account still had $250 in it, and I applied the entire $250 to her bill and I'm only suing for the balance which was 1 week of care that went unpaid, an extra day of care that went unpaid, and the withdrawl without notice fee.

He's also claiming that she didn't pull her child out of daycare, as in she didn't terminate her contract, and that her telling me that if I thought I watched her child too much then I shouldn't watch her anymore isn't an admission that she wanted to end care....but she told me point blank over the phone that she didn't want me to watch her anymore because all i care about is money, she told me in an email that she would never step foot in my house again, and the day she withdrew her kid she was told that she was welcome to continue in our daycare she just needed to make her account current and she sent her husband to pick up their kid instead of sending him to pay...all of that seems to easily prove that she did in fact cancel her contract without notice!

In any event, I doubt that our emails and facebook messages will hold any weight for either of us in court, you can copy and paste, alter, and rewrite emails and IMs so they aren't exactly credible....

What do you guys think about this mess?? I'm 100% confident that I'll win my case if we go to court, would you agree or do you think I should drop it?? I'm just curious of outside opinions
just wondering...do you have in your policy that payment is due whether or not they attend? Because it that's so, and the mom claims she didn't terminate the contract and if you didn't either, then oh my I just think the mom may owe you for all the days her child has not been in care, on top of the $450! Is there any paper trail between you or the mom that's actually in writing of the date of child's last day of care? If you don't already, for next time I would have something in a policy stating that should parent wish to terminate care, they would have to give you a written, signed and dated withdrawl notice. Until provider receives IN WRITING that a child's last day will be x date, the child would not be considered withdrawn. Which means payments will still rack up until provider has received that signed letter. That way you will have a signed letter from them saying that THEY are terminating care. So if they turn around and try to tell the court that they didn't end the contract, you have all the evidence needed saying that they DID.
If any of that makes sense (I'm sure someone else knows how it should be worded). Good luck and keep us updated. I really can't see any way how she could win that one, even with a lawyer. She may be like so many other people and just not show up after finding out that you aren't dropping the case. You can always hope for that! That would make things less stressful on court day!
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Tags:lawyer, legal, mediation, mediation letter, small claims
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