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  #1  
Old 04-28-2011, 08:41 AM
smithsfamilychildcare
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Default Parent Refusing To Pay!

I have been doing Family Child Care for a few years now and I have never has to deal with a problem like this so maybe someone out here can help me out.
A parent just informed me her childs last day was going to be Friday (this Friday) I reminded her that she needed to give me a 2 week notice as it states in my parent handbook, "Parents must give a 2 week written notice of their intent to withdraw the child and will be required to pay for those 2 weeks whether or not the child continues to attend. All outstanding fees must be paid". So with that being said she snaps at me tells me I am not human and she will not be paying me for the extra week of care she does not need, so which is the best way to handle this.
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Old 04-28-2011, 02:07 PM
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Quote:
Originally Posted by smithsfamilychildcare View Post
I have been doing Family Child Care for a few years now and I have never has to deal with a problem like this so maybe someone out here can help me out.
A parent just informed me her childs last day was going to be Friday (this Friday) I reminded her that she needed to give me a 2 week notice as it states in my parent handbook, "Parents must give a 2 week written notice of their intent to withdraw the child and will be required to pay for those 2 weeks whether or not the child continues to attend. All outstanding fees must be paid". So with that being said she snaps at me tells me I am not human and she will not be paying me for the extra week of care she does not need, so which is the best way to handle this.
Let her know that if she doesn't pay it goes to small claims or to collections. She signed a legally binding contract.
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Old 04-28-2011, 02:08 PM
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Welcome to the Daycare.com Forum smithsfamilychildcare!

Some more threads that may be helpful: http://www.daycare.com/forum/tags.php?tag=small+claims
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Old 04-28-2011, 02:18 PM
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If she signed as contract then small claims court. Let her know up front that is what you intend to, and maybe she will pay. Did she give a reason for leaving? Oh, in my state you can also get her to pay you back the money it cost you to take her to small claims court! (it's about 50-100.00 here)
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Old 04-28-2011, 05:11 PM
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All of the above, PLUS I hope you have late fees in your contract, too. She will be responsible for those, too, until she is all paid up in full. I'd have her 'tell it to the judge".
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Old 04-28-2011, 05:39 PM
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Did you get a deposit from her upon enrollment?

I would have of turned her butt right around and sent her on her way with her child and told her that if she isn't going to abide by your contract she or her child are not welcome in your daycare and you'll be bringing it to legal.

Did you let her kid stay the day???
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Old 04-28-2011, 09:09 PM
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Since she only verbally told you they will no longer attend after tomorrow, tell her you need a written notice with the date of notice and the end date of care. Then you can verbally remind her and make her a copy of her contract that she is required to pay for two weeks.

I wouldn't get upset about it because I'm sure she is upset not reading the fine print. As long as it is in writing you're fine. Just hope you had it in her contract because the handbook is not legally binding and the judge can overlook your policies. If she doesn't pay you by Monday with late fees or however your payment system currently works at your daycare, I would send her an invoice and state a due by date or it will be turned to collections.
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Old 04-29-2011, 05:42 AM
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Quote:
Originally Posted by MN Day Mom View Post
sent her on her way with her child

told her that if she isn't going to abide by your contract she or her child are not welcome in your daycare

Did you let her kid stay the day???
Same here.

This is covered WELL during the interview process, handbook and signed contract so would constitute IMMEDIATE Termination of Services.
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Old 04-29-2011, 05:45 AM
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Yep, I wouldn't accept them into care today without a full 2 week termination payment and termination in writing.
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Old 04-29-2011, 06:17 AM
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All, All, All of the above!

I would tell her Friday morning at the attempted drop off that if she doesn't want to comply with your contract, you aren't watching her child today. 1 day verbal notice doesn't constitute the way to terminate services.

I would tell her that without a written notice and failure to pay the last 2 weeks of care will cost her above and beyond more than she is already refusing to pay. (I'm not sure what you charge per week but by the time you figure in late fees, the cost to file it in small claims court, and to have her served, it's going to be equivalent to another week or 2 of care.)

Tell her the choice is hers...you know where she is employed so if she wants to have this on her credit and have her paychecks garnished, that is the route you will take.
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Old 04-29-2011, 06:34 AM
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One problem I see with not accepting the child into care in this instance would be that you are, unless you've specified it very clearly in your contract that you will not accept the child into care unless the final two weeks are paid and they are still liable for the two week payment period, violating your own contract by refusing care, which would limit your ability to collect the amounts due.
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Old 04-29-2011, 07:21 AM
wdmmom wdmmom is offline
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If the parent already violated the contract, the contract is no longer valid. By the provider refusing care doesn't constitute violation.

Now if the parent came with written termination and payment and you denied care, you are in breech of the contract.

I would lay it out...I will watch the child if you do ABC and XYZ, if you refuse again, you aren't required to do it. You have her written word that she agrees to fulfill your termination procedure. She doesn't, the contract is void.
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2 week notice, collections, contract, disregard of contract, money owed, small claims

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