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Daycare Center and Family Home Forum>Late Fees And Termination Of Contract
Razzledbrat 06:18 AM 07-24-2013
I posted last week that dcm advised me her boys wont be back. She did not pay me for the week and also didnt give me 2 weeks notice as required per our contract. Our contract also states there will be a $5 per day late fee added to late payments. I am taking her to small claims court. My question is....when do the late fees end? Can I keep adding the $5 per day til I file the claim?
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Cradle2crayons 06:36 AM 07-24-2013
Originally Posted by Razzledbrat:
I posted last week that dcm advised me her boys wont be back. She did not pay me for the week and also didnt give me 2 weeks notice as required per our contract. Our contract also states there will be a $5 per day late fee added to late payments. I am taking her to small claims court. My question is....when do the late fees end? Can I keep adding the $5 per day til I file the claim?
I would and then let e judge decide if there is a cap. In some states yu can only charge up to a certain amount in late fees. This is because you are supposed to allow them x time to pay their debt before filing. So keep adding and let the judge decide what the max is.
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Blackcat31 06:49 AM 07-24-2013
I have in my contract that I will add late fees for 30 days max. After those 30 days, if no arrangement is made for payment in full, I will file with small claims court. Late fees stop accruing the day I file.

I feel as though we are entitled to late fees for however long it takes to collect the money owed, however I feel it is a bit unreasonable to simply continue adding them. I feel it gives a bad impression and also makes it look like the parent will never be able to get out from under the situation.

I don't know if their is a specific law about it in my state (MN) but I do feel that I want the judge to understand and see that I am MORE than reasonable and/or fair in my policies....kwim?
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Razzledbrat 08:09 AM 07-24-2013
Thanks! I am sending her a certified letter to demand payment today and Im giving her til August 25 to pay what is due. I also advised if she is unable to pay it all in full I will accept reasonable payment arrangements. I also said that if the balance is paid in full by 8/25 that I would deduct any late fees, but if it is not paid in full by 8/25 that I will take her to small claims court for the amount owed, plus late fees, legal fees, etc. This will show the judge that I am willing to work with her. I will stop late fees the day I file Thank you so much for your help! Love this board!
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daycarediva 12:06 PM 07-24-2013
I have it in my contract that late fees accrue until the balance is paid in full, that they have to pay missed days and court fees, as well as any potential attorney fees. I have taken that to court and won it.
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