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  #1  
Old 02-04-2013, 08:17 PM
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cnamory cnamory is offline
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Lightbulb Parent Refusing To Pay Final Bill Until 3 Missing Socks Are Returned

I have a mom that started a year ago. When she started she left the diaper bag with me she did not want to have to bring it on a daily basis. After the bag was dropped off I did ask her for more baby white and cream but she never did bring me replacement so instead of making a big deal out of it ..when I was grocery shopping I would just buy the extra wips and cream if needed. No biggie.. I have her child for 14 hours a day this is not our original agreement so I decided that I was going to rewrite my contract and charge a flat 2.50 hour instead of my usual flat rate. She did not agree with it and decided to take her son elsewhere. I gave her her final bill and all of her belongings diapers, clothing, bottles, milk ex... today instead of dropping me a check off she lives me a list of missing items... 3 missing socks, 1 t shirt, a small toy car, and 1 missing bottle, dipper cream, and wips.. now either these things have been returned, (clothing) loss (toy car) or like the wipes and cream.. used.. ( his things have been with me for over a year, and I had had her kid 75 hours a week since he was 5 weeks old) she is refusing to pay me until I return all of these exact items.. she will not take the replacement car or socks etc .. this lady has been a pain in my booty from day 1 ... so. do I just text her and let her know that I will just have to take her to small claims court... any suggestions are very welcome thanks for the help ladies and gents!!!
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  #2  
Old 02-04-2013, 08:26 PM
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Lightbulb help mom refusing to pay over missing sock

I have a mom that started a year ago. When she started she left the diaper bag with me she did not want to have to bring it on a daily basis. After the bag was dropped off I did ask her for more baby white and cream but she never did bring me replacement so instead of making a big deal out of it ..when I was grocery shopping I would just buy the extra wips and cream if needed. No biggie.. I have her child for 14 hours a day this is not our original agreement so I decided that I was going to rewrite my contract and charge a flat 2.50 hour instead of my usual flat rate. She did not agree with it and decided to take her son elsewhere. I gave her her final bill and all of her belongings diapers, clothing, bottles, milk ex... today instead of dropping me a check off she lives me a list of missing items... 3 missing socks, 1 t shirt, a small toy car, and 1 missing bottle, dipper cream, and wips.. now either these things have been returned, (clothing) loss (toy car) or like the wipes and cream.. used.. ( his things have been with me for over a year, and I had had her kid 75 hours a week since he was 5 weeks old) she is refusing to pay me until I return all of these exact items.. she will not take the replacement car or socks etc .. this lady has been a pain in my booty from day 1 ... so. do I just text her and let her know that I will just have to take her to small claims court... any suggestions are very welcome thanks for the help ladies and gents!!!

Last edited by Michael; 02-04-2013 at 08:38 PM.
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  #3  
Old 02-04-2013, 08:34 PM
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Welcome to the Daycare.com Forum! I've upgraded your status. You can post freely now.
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  #4  
Old 02-05-2013, 05:55 AM
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Wow, what an awful experience this mother must have been for you!

As for what to do now, I wouldn't say another word to her and would instead just file the claim. It's obvious she is incredibly disrespectful, passive aggressive and hostile. I wouldn't attempt to manage her directly at all from here on out. If she contacts you in response let her know that you don't think it's appropriate for her to have direct contact, that you can settle it in court.

For the future, don't let your daycare parents treat you so horribly! Don't just drop your own money on items parents are supposed to supply. And don't feel the need to alter your original contract simply because a parent is pushing how many hours they're leaving their child with you - put your foot down and require they come pick up their child at the originally agreed upon times! 14 hours a day is way too long day for you and for a baby. 75 hours a week I'd say is just down right unethical. Kids need time with their parents, that's just a completely unacceptable amount of time away from home.

If pick up time is slotted for 5pm they're there at 5pm. Three nights of intentionally late pick ups and you hand them they're termination notice.


Good luck to you in court, I'm sure you'll have no trouble getting what you're owed.
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Old 02-05-2013, 06:03 AM
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I agree with PP, I would only add that from now on get payments in advance. You won't have to worry about collecting your money after the fact if you are getting paid prior to service.
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  #6  
Old 02-05-2013, 07:20 AM
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That is ridiculous. Absolutely ridiculous! I agree....take it to court. THe judge will probably laugh in her face!
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  #7  
Old 02-05-2013, 07:27 AM
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I would tell her that you will go straight to Judge Judy with this!!!
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  #8  
Old 02-05-2013, 10:28 AM
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MarinaVanessa MarinaVanessa is offline
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Wow, just wow. I thought about what I would do in this situation and simply because taking this client to court can be time-consuming and in some cases pricey I would attempt to get the funds from her one more time before going to court. I would send her a serious and firm letter via certified mail and ignore all further phone calls or in-person communication. All communication from then on should be in writing.

I would reiterate all of the things that happened and since she is asking for "missing" items I would ask to recover all expenses that I spent in supplies that she should have been responsible for. If I didn't have receipts (and if I bought these items at big stores like Target, Walmart etc.) you can bet your bottom dollar that I would be looking at my bank statements for purchases made in the store that I bought the supplies from and going to the store and asking them to look up and give me copies of my receipts (it can be done in most big chain stores sometimes up to 2 years after your purchase but only if you paid with a card or check, cash purchases are virtually impossible to track down).

I personally would go after late payment fees and court costs also if those were in my contract. Based only on what the the OP wrote, I would write a letter (mainly to show in court that I did attempt to fix this issue before going to court) and send it via certified and this is how my letter would go...


(two copies typed, one copy mailed by certified postal mail to DCP)

Dear DCP,

On [date] you began to bring your child to me for child care with an agreement that you, as the parent, would supply all necessary supplies for your child such as formula, bottles, clothing, diaper cream, diapers, wipes etc. By [date] the diaper cream and wipes were used up and you were notified that those supplies were needed, I however did not receive those items. Being that those items were necessary items I went out and purchased those items at my own expense. On [date] I attempted a renegotiation in child care fees to include the cost of the supplies that you as the parent had stopped supplying and you chose to find child care elsewhere.

On [date] I returned all of your child's belongings as well as your final bill in the amount of $***.xx. On [date] instead of your final payment I received a list of items belonging to your child that you now claim are "missing" and lost at my home and notified me that I would not receive my final payment until these items were returned to you.

Those items that you claim are lost are included below:
  • 3 missing socks
  • 1 T-shirt
  • 1 small toy car
  • 1 missing bottle
  • 1 Package of diaper cream
  • Baby wipes

As you already know, the diaper cream and baby wipes were all used up during diaper changes for your child during the time that your child was in my care. I asked you for replacement supplies which I never received which I then went out to purchase myself at my own expense [if you have bank statements I would add: in the amount of $X.xx] and therefore will not be replaced by me. It was your responsibility as a parent to supply these items once they ran out which you did not and I was forced to purchase those supplies at my own expense.

As for the other "missing" items that you claim are lost, I have searched for them and they are not in my possession. I still however offered replacements for these items, which you refused to accept. You wanted the exact items you claim are missing returned to you and will not provide me with my final payment until those items are returned.

Because the items are not in my possession and due to you refusing replacement items and because those items were in used condition I am now offering you a credit of $2.50 for those items based on the IRS Fair Market Value of gently used items.

In addition, I am also billing you for the additional amount of $XX.xx and adding that to your final payment to cover the cost of the supplies that I purchased for the care of your child which, as per our agreement, you were required to provide.

This brings the balance of your final payment to $***.xx.

Your final payment is due [5-7 days from the date that you mail the letter out] no later than 6:00 p.m. On [today's date] I will be going to the court house to pick up court documents for a small claims case. If payment is not received when due I will be filing a small claims case against you on [DATE: the day after her final payment is due] for the amount of which I am owed. Your account will also be sent to collections and you will also be reported to ProviderWatch, a national debt reporting agency catered to child care providers.

No further negotiations will be accepted and all further forms of communication will be required in writing either through certified mail or e-mail. Your immediate attention and action is required.

Sincerely,
You Pissed Off The Wrong Provider
[your address]
[your email]

Attachments included with this letter:
- A copy of the list of written items provided to me by DCP.
- Itemized list of credit for items the DCP claim are "missing" and supplies which I purchased for the care of your child.
- A copy of my receipts/bank statements as proof of the cost of the diaper cream and baby wipe expense.
-[A copy of the Charitable Donations Valuation Guide
- A copy of the contract agreement.

--------------------------------------------------------------------------
[attach a photocopy of the list that she wrote even if she wrote it on a small piece of paper, keep the original]
--------------------------------------------------------------------------

Credit for items [DCP] is claiming are missing:

Item Credit Given
3 missing socks (used)** $ .66 ($1.29 if 3 pairs are missing)
1 T-shirt (used) $ 1.00
1 small toy car (used)*** $ .30
1 missing bottle (used)**** $ .54
Total Credit Given for Items $ 2.50 ($3.13 if 3 pairs of socks are missing/not 3 individual socks)

*Prices are based on the fair market value of used items that the IRS allows you to deduct for gently used condition. To determine the value of an item not on the IRS Fair Market Value Price List the suggested 30% of the item’s estimated original price was used to reflect its fair market value.

** Sock value based on Target's regular price of Hanes Infant/Toddler Boys 6-Pack Ankle Socks $8.49. $8.49/12 individual socks per pack = $.71 per sock. 30% of original price = $.22 per sock. $.22 x 3 socks = $.66. (If you mean that 3 pairs of socks are missing then the it should say .... $8.49/6 pairs per pack = $1.42 per pair. 30% of original price = $ .43 per pair. $ .43 x 3 pairs of socks = $1.29).

*** Toy car value based on Target's retail price of $1 for Hotwheels single car.

**** Bottle value based on Target's retail price for Evenflo Standard Nipple 8 Oz Bottle $1.79.

Items Purchased By Child Care Provider Which Requires Reimbursement

Date Item Amount
1/17/13 Huggies Baby wipes 56 ct. $ 1.97
1/17/13 Desitin Diaper Rash Ointment 4oz. $ 4.84
12/11/12 Huggies Baby wipes 56 ct. $ 1.97
11/15/12 Huggies Baby wipes 56 ct. $ 1.97
10/22/12 Huggies Baby wipes 56 ct. $ 1.97
Total amount required to be reimbursed $12.72

-------------------------------------------------------------------------
[Photocopies of all of my receipts or bank statements showing these purchases with personal information blacked out]
-------------------------------------------------------------------------
[Photocopy of the part of the contract the she signed that says that she is responsible for supplying those items]
-------------------------------------------------------------------------
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Last edited by MarinaVanessa; 02-05-2013 at 10:39 AM.
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  #9  
Old 02-05-2013, 10:44 AM
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EntropyControlSpecialist EntropyControlSpecialist is offline
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Quote:
Originally Posted by MarinaVanessa View Post
Wow, just wow. I thought about what I would do in this situation and simply because taking this client to court can be time-consuming and in some cases pricey I would attempt to get the funds from her one more time before going to court. I would send her a serious and firm letter via certified mail and ignore all further phone calls or in-person communication. All communication from then on should be in writing.

I would reiterate all of the things that happened and since she is asking for "missing" items I would ask to recover all expenses that I spent in supplies that she should have been responsible for. If I didn't have receipts (and if I bought these items at big stores like Target, Walmart etc.) you can bet your bottom dollar that I would be looking at my bank statements for purchases made in the store that I bought the supplies from and going to the store and asking them to look up and give me copies of my receipts (it can be done in most big chain stores sometimes up to 2 years after your purchase but only if you paid with a card or check, cash purchases are virtually impossible to track down).

I personally would go after late payment fees and court costs also if those were in my contract. Based only on what the the OP wrote, I would write a letter (mainly to show in court that I did attempt to fix this issue before going to court) and send it via certified and this is how my letter would go...


(two copies typed, one copy mailed by certified postal mail to DCP)

Dear DCP,

On [date] you began to bring your child to me for child care with an agreement that you, as the parent, would supply all necessary supplies for your child such as formula, bottles, clothing, diaper cream, diapers, wipes etc. By [date] the diaper cream and wipes were used up and you were notified that those supplies were needed, I however did not receive those items. Being that those items were necessary items I went out and purchased those items at my own expense. On [date] I attempted a renegotiation in child care fees to include the cost of the supplies that you as the parent had stopped supplying and you chose to find child care elsewhere.

On [date] I returned all of your child's belongings as well as your final bill in the amount of $***.xx. On [date] instead of your final payment I received a list of items belonging to your child that you now claim are "missing" and lost at my home and notified me that I would not receive my final payment until these items were returned to you.

Those items that you claim are lost are included below:
  • 3 missing socks
  • 1 T-shirt
  • 1 small toy car
  • 1 missing bottle
  • 1 Package of diaper cream
  • Baby wipes

As you already know, the diaper cream and baby wipes were all used up during diaper changes for your child during the time that your child was in my care. I asked you for replacement supplies which I never received which I then went out to purchase myself at my own expense [if you have bank statements I would add: in the amount of $X.xx] and therefore will not be replaced by me. It was your responsibility as a parent to supply these items once they ran out which you did not and I was forced to purchase those supplies at my own expense.

As for the other "missing" items that you claim are lost, I have searched for them and they are not in my possession. I still however offered replacements for these items, which you refused to accept. You wanted the exact items you claim are missing returned to you and will not provide me with my final payment until those items are returned.

Because the items are not in my possession and due to you refusing replacement items and because those items were in used condition I am now offering you a credit of $2.50 for those items based on the IRS Fair Market Value of gently used items.

In addition, I am also billing you for the additional amount of $XX.xx and adding that to your final payment to cover the cost of the supplies that I purchased for the care of your child which, as per our agreement, you were required to provide.

This brings the balance of your final payment to $***.xx.

Your final payment is due [5-7 days from the date that you mail the letter out] no later than 6:00 p.m. On [today's date] I will be going to the court house to pick up court documents for a small claims case. If payment is not received when due I will be filing a small claims case against you on [DATE: the day after her final payment is due] for the amount of which I am owed. Your account will also be sent to collections and you will also be reported to ProviderWatch, a national debt reporting agency catered to child care providers.

No further negotiations will be accepted and all further forms of communication will be required in writing either through certified mail or e-mail. Your immediate attention and action is required.

Sincerely,
You Pissed Off The Wrong Provider
[your address]
[your email]

Attachments included with this letter:
- A copy of the list of written items provided to me by DCP.
- Itemized list of credit for items the DCP claim are "missing" and supplies which I purchased for the care of your child.
- A copy of my receipts/bank statements as proof of the cost of the diaper cream and baby wipe expense.
-[A copy of the Charitable Donations Valuation Guide
- A copy of the contract agreement.

--------------------------------------------------------------------------
[attach a photocopy of the list that she wrote even if she wrote it on a small piece of paper, keep the original]
--------------------------------------------------------------------------

Credit for items [DCP] is claiming are missing:

Item Credit Given
3 missing socks (used)** $ .66 ($1.29 if 3 pairs are missing)
1 T-shirt (used) $ 1.00
1 small toy car (used)*** $ .30
1 missing bottle (used)**** $ .54
Total Credit Given for Items $ 2.50 ($3.13 if 3 pairs of socks are missing/not 3 individual socks)

*Prices are based on the fair market value of used items that the IRS allows you to deduct for gently used condition. To determine the value of an item not on the IRS Fair Market Value Price List the suggested 30% of the itemís estimated original price was used to reflect its fair market value.

** Sock value based on Target's regular price of Hanes Infant/Toddler Boys 6-Pack Ankle Socks $8.49. $8.49/12 individual socks per pack = $.71 per sock. 30% of original price = $.22 per sock. $.22 x 3 socks = $.66. (If you mean that 3 pairs of socks are missing then the it should say .... $8.49/6 pairs per pack = $1.42 per pair. 30% of original price = $ .43 per pair. $ .43 x 3 pairs of socks = $1.29).

*** Toy car value based on Target's retail price of $1 for Hotwheels single car.

**** Bottle value based on Target's retail price for Evenflo Standard Nipple 8 Oz Bottle $1.79.

Items Purchased By Child Care Provider Which Requires Reimbursement

Date Item Amount
1/17/13 Huggies Baby wipes 56 ct. $ 1.97
1/17/13 Desitin Diaper Rash Ointment 4oz. $ 4.84
12/11/12 Huggies Baby wipes 56 ct. $ 1.97
11/15/12 Huggies Baby wipes 56 ct. $ 1.97
10/22/12 Huggies Baby wipes 56 ct. $ 1.97
Total amount required to be reimbursed $12.72

-------------------------------------------------------------------------
[Photocopies of all of my receipts or bank statements showing these purchases with personal information blacked out]
-------------------------------------------------------------------------
[Photocopy of the part of the contract the she signed that says that she is responsible for supplying those items]
-------------------------------------------------------------------------
Absolutely do this. How horrible that you had to interact with a person such as this!

I require a "deposit" that pays for the child's last two weeks in my care. It will ONLY be applied if they give a written two weeks notice. I was stiffed as well.
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  #10  
Old 02-06-2013, 03:24 PM
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cheerfuldom cheerfuldom is offline
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wow. shoot i think that some parents sniff out the new providers and know good and well who to take advantage of. trust me, she knew exactly what she was doing. she conveniently forgets that her child needs wipes and cream but has a photgraphic memory about three socks. that just makes me ill to think what she has done to you

reminds me of the time that a parent tried to sneak out with no notice. would not respond to call or email. i demanded two weeks pay and they suddenly had an issue with a day WEEKS before that their child was feed only one jar of food, not two. it wasnt important enough to mention the next day but all of a sudden is important enough to term over?! trust me OP, this mom is doing nothing new. we have all worked with parents like this but unfortunately, you didnt know any better and you got burned.

to me, 75 hours in daycare is neglect on the parents part, plan and simple. i would never ever work for this family! there are many lessons to be learned here so the best you can do is move on from this situation and adjust your parent contract about the following:

*stick to your business hours. i highly suggest 10 hour work day at most. anymore is too much for most providers and most kids. do not allow early drop off (dont answer the door) and charge for late pickups. i suggest a $1 a minute
*always get paid in advance and require a two weeks paid notice (whether they attend or not). at least if you get paid in advance, you are paid up through the current week
*never buy supplies for the parents if you put in your contract that you do not provide particular items. check the bag at the door and do not allow them to drop off child without items. if they say they will get it and come back, make them take the kid with them. there is no reason to forget. and they wont forget if you dont take their child when they forget!
*make sure your contract outlines what happens if they do not provide two weeks notice. a highlighted portion letting parents know that you do use a collections agency and the court system to collect on any parents that do not abide by the contract
*add a portion that says that items lost or damaged in daycare are never replaced/repaired/reimbursed for, period. they need to provide the supplies, you do your best to keep track of anything but you do not pay for any items for any reason. (this also keeps parents from sending kids in pricy clothing, sending tons of extra things that might get lost)

by the way, what was the amount still owed? the above is not to say that you shouldnt try to collec though! you absolutely should.
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  #11  
Old 02-06-2013, 05:15 PM
Michael's Avatar
Michael Michael is online now
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Quote:
Originally Posted by MarinaVanessa View Post
Wow, just wow. I thought about what I would do in this situation and simply because taking this client to court can be time-consuming and in some cases pricey I would attempt to get the funds from her one more time before going to court. I would send her a serious and firm letter via certified mail and ignore all further phone calls or in-person communication. All communication from then on should be in writing.

I would reiterate all of the things that happened and since she is asking for "missing" items I would ask to recover all expenses that I spent in supplies that she should have been responsible for. If I didn't have receipts (and if I bought these items at big stores like Target, Walmart etc.) you can bet your bottom dollar that I would be looking at my bank statements for purchases made in the store that I bought the supplies from and going to the store and asking them to look up and give me copies of my receipts (it can be done in most big chain stores sometimes up to 2 years after your purchase but only if you paid with a card or check, cash purchases are virtually impossible to track down).

I personally would go after late payment fees and court costs also if those were in my contract. Based only on what the the OP wrote, I would write a letter (mainly to show in court that I did attempt to fix this issue before going to court) and send it via certified and this is how my letter would go...


(two copies typed, one copy mailed by certified postal mail to DCP)

Dear DCP,

On [date] you began to bring your child to me for child care with an agreement that you, as the parent, would supply all necessary supplies for your child such as formula, bottles, clothing, diaper cream, diapers, wipes etc. By [date] the diaper cream and wipes were used up and you were notified that those supplies were needed, I however did not receive those items. Being that those items were necessary items I went out and purchased those items at my own expense. On [date] I attempted a renegotiation in child care fees to include the cost of the supplies that you as the parent had stopped supplying and you chose to find child care elsewhere.

On [date] I returned all of your child's belongings as well as your final bill in the amount of $***.xx. On [date] instead of your final payment I received a list of items belonging to your child that you now claim are "missing" and lost at my home and notified me that I would not receive my final payment until these items were returned to you.

Those items that you claim are lost are included below:
  • 3 missing socks
  • 1 T-shirt
  • 1 small toy car
  • 1 missing bottle
  • 1 Package of diaper cream
  • Baby wipes
As you already know, the diaper cream and baby wipes were all used up during diaper changes for your child during the time that your child was in my care. I asked you for replacement supplies which I never received which I then went out to purchase myself at my own expense [if you have bank statements I would add: in the amount of $X.xx] and therefore will not be replaced by me. It was your responsibility as a parent to supply these items once they ran out which you did not and I was forced to purchase those supplies at my own expense.

As for the other "missing" items that you claim are lost, I have searched for them and they are not in my possession. I still however offered replacements for these items, which you refused to accept. You wanted the exact items you claim are missing returned to you and will not provide me with my final payment until those items are returned.

Because the items are not in my possession and due to you refusing replacement items and because those items were in used condition I am now offering you a credit of $2.50 for those items based on the IRS Fair Market Value of gently used items.

In addition, I am also billing you for the additional amount of $XX.xx and adding that to your final payment to cover the cost of the supplies that I purchased for the care of your child which, as per our agreement, you were required to provide.

This brings the balance of your final payment to $***.xx.

Your final payment is due [5-7 days from the date that you mail the letter out] no later than 6:00 p.m. On [today's date] I will be going to the court house to pick up court documents for a small claims case. If payment is not received when due I will be filing a small claims case against you on [DATE: the day after her final payment is due] for the amount of which I am owed. Your account will also be sent to collections and you will also be reported to ProviderWatch, a national debt reporting agency catered to child care providers.

No further negotiations will be accepted and all further forms of communication will be required in writing either through certified mail or e-mail. Your immediate attention and action is required.

Sincerely,
You Pissed Off The Wrong Provider
[your address]
[your email]

Attachments included with this letter:
- A copy of the list of written items provided to me by DCP.
- Itemized list of credit for items the DCP claim are "missing" and supplies which I purchased for the care of your child.
- A copy of my receipts/bank statements as proof of the cost of the diaper cream and baby wipe expense.
-[A copy of the Charitable Donations Valuation Guide
- A copy of the contract agreement.

--------------------------------------------------------------------------
[attach a photocopy of the list that she wrote even if she wrote it on a small piece of paper, keep the original]
--------------------------------------------------------------------------

Credit for items [DCP] is claiming are missing:

Item Credit Given
3 missing socks (used)** $ .66 ($1.29 if 3 pairs are missing)
1 T-shirt (used) $ 1.00
1 small toy car (used)*** $ .30
1 missing bottle (used)**** $ .54
Total Credit Given for Items $ 2.50 ($3.13 if 3 pairs of socks are missing/not 3 individual socks)

*Prices are based on the fair market value of used items that the IRS allows you to deduct for gently used condition. To determine the value of an item not on the IRS Fair Market Value Price List the suggested 30% of the itemís estimated original price was used to reflect its fair market value.

** Sock value based on Target's regular price of Hanes Infant/Toddler Boys 6-Pack Ankle Socks $8.49. $8.49/12 individual socks per pack = $.71 per sock. 30% of original price = $.22 per sock. $.22 x 3 socks = $.66. (If you mean that 3 pairs of socks are missing then the it should say .... $8.49/6 pairs per pack = $1.42 per pair. 30% of original price = $ .43 per pair. $ .43 x 3 pairs of socks = $1.29).

*** Toy car value based on Target's retail price of $1 for Hotwheels single car.

**** Bottle value based on Target's retail price for Evenflo Standard Nipple 8 Oz Bottle $1.79.

Items Purchased By Child Care Provider Which Requires Reimbursement

Date Item Amount
1/17/13 Huggies Baby wipes 56 ct. $ 1.97
1/17/13 Desitin Diaper Rash Ointment 4oz. $ 4.84
12/11/12 Huggies Baby wipes 56 ct. $ 1.97
11/15/12 Huggies Baby wipes 56 ct. $ 1.97
10/22/12 Huggies Baby wipes 56 ct. $ 1.97
Total amount required to be reimbursed $12.72

-------------------------------------------------------------------------
[Photocopies of all of my receipts or bank statements showing these purchases with personal information blacked out]
-------------------------------------------------------------------------
[Photocopy of the part of the contract the she signed that says that she is responsible for supplying those items]
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nicely written Vanessa!
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  #12  
Old 02-06-2013, 08:25 PM
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ashleyh ashleyh is offline
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Originally Posted by MarinaVanessa View Post
Wow, just wow. I thought about what I would do in this situation and simply because taking this client to court can be time-consuming and in some cases pricey I would attempt to get the funds from her one more time before going to court. I would send her a serious and firm letter via certified mail and ignore all further phone calls or in-person communication. All communication from then on should be in writing.

I would reiterate all of the things that happened and since she is asking for "missing" items I would ask to recover all expenses that I spent in supplies that she should have been responsible for. If I didn't have receipts (and if I bought these items at big stores like Target, Walmart etc.) you can bet your bottom dollar that I would be looking at my bank statements for purchases made in the store that I bought the supplies from and going to the store and asking them to look up and give me copies of my receipts (it can be done in most big chain stores sometimes up to 2 years after your purchase but only if you paid with a card or check, cash purchases are virtually impossible to track down).

I personally would go after late payment fees and court costs also if those were in my contract. Based only on what the the OP wrote, I would write a letter (mainly to show in court that I did attempt to fix this issue before going to court) and send it via certified and this is how my letter would go...


(two copies typed, one copy mailed by certified postal mail to DCP)

Dear DCP,

On [date] you began to bring your child to me for child care with an agreement that you, as the parent, would supply all necessary supplies for your child such as formula, bottles, clothing, diaper cream, diapers, wipes etc. By [date] the diaper cream and wipes were used up and you were notified that those supplies were needed, I however did not receive those items. Being that those items were necessary items I went out and purchased those items at my own expense. On [date] I attempted a renegotiation in child care fees to include the cost of the supplies that you as the parent had stopped supplying and you chose to find child care elsewhere.

On [date] I returned all of your child's belongings as well as your final bill in the amount of $***.xx. On [date] instead of your final payment I received a list of items belonging to your child that you now claim are "missing" and lost at my home and notified me that I would not receive my final payment until these items were returned to you.

Those items that you claim are lost are included below:
  • 3 missing socks
  • 1 T-shirt
  • 1 small toy car
  • 1 missing bottle
  • 1 Package of diaper cream
  • Baby wipes

As you already know, the diaper cream and baby wipes were all used up during diaper changes for your child during the time that your child was in my care. I asked you for replacement supplies which I never received which I then went out to purchase myself at my own expense [if you have bank statements I would add: in the amount of $X.xx] and therefore will not be replaced by me. It was your responsibility as a parent to supply these items once they ran out which you did not and I was forced to purchase those supplies at my own expense.

As for the other "missing" items that you claim are lost, I have searched for them and they are not in my possession. I still however offered replacements for these items, which you refused to accept. You wanted the exact items you claim are missing returned to you and will not provide me with my final payment until those items are returned.

Because the items are not in my possession and due to you refusing replacement items and because those items were in used condition I am now offering you a credit of $2.50 for those items based on the IRS Fair Market Value of gently used items.

In addition, I am also billing you for the additional amount of $XX.xx and adding that to your final payment to cover the cost of the supplies that I purchased for the care of your child which, as per our agreement, you were required to provide.

This brings the balance of your final payment to $***.xx.

Your final payment is due [5-7 days from the date that you mail the letter out] no later than 6:00 p.m. On [today's date] I will be going to the court house to pick up court documents for a small claims case. If payment is not received when due I will be filing a small claims case against you on [DATE: the day after her final payment is due] for the amount of which I am owed. Your account will also be sent to collections and you will also be reported to ProviderWatch, a national debt reporting agency catered to child care providers.

No further negotiations will be accepted and all further forms of communication will be required in writing either through certified mail or e-mail. Your immediate attention and action is required.

Sincerely,
You Pissed Off The Wrong Provider
[your address]
[your email]

Attachments included with this letter:
- A copy of the list of written items provided to me by DCP.
- Itemized list of credit for items the DCP claim are "missing" and supplies which I purchased for the care of your child.
- A copy of my receipts/bank statements as proof of the cost of the diaper cream and baby wipe expense.
-[A copy of the Charitable Donations Valuation Guide
- A copy of the contract agreement.

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[attach a photocopy of the list that she wrote even if she wrote it on a small piece of paper, keep the original]
--------------------------------------------------------------------------

Credit for items [DCP] is claiming are missing:

Item Credit Given
3 missing socks (used)** $ .66 ($1.29 if 3 pairs are missing)
1 T-shirt (used) $ 1.00
1 small toy car (used)*** $ .30
1 missing bottle (used)**** $ .54
Total Credit Given for Items $ 2.50 ($3.13 if 3 pairs of socks are missing/not 3 individual socks)

*Prices are based on the fair market value of used items that the IRS allows you to deduct for gently used condition. To determine the value of an item not on the IRS Fair Market Value Price List the suggested 30% of the itemís estimated original price was used to reflect its fair market value.

** Sock value based on Target's regular price of Hanes Infant/Toddler Boys 6-Pack Ankle Socks $8.49. $8.49/12 individual socks per pack = $.71 per sock. 30% of original price = $.22 per sock. $.22 x 3 socks = $.66. (If you mean that 3 pairs of socks are missing then the it should say .... $8.49/6 pairs per pack = $1.42 per pair. 30% of original price = $ .43 per pair. $ .43 x 3 pairs of socks = $1.29).

*** Toy car value based on Target's retail price of $1 for Hotwheels single car.

**** Bottle value based on Target's retail price for Evenflo Standard Nipple 8 Oz Bottle $1.79.

Items Purchased By Child Care Provider Which Requires Reimbursement

Date Item Amount
1/17/13 Huggies Baby wipes 56 ct. $ 1.97
1/17/13 Desitin Diaper Rash Ointment 4oz. $ 4.84
12/11/12 Huggies Baby wipes 56 ct. $ 1.97
11/15/12 Huggies Baby wipes 56 ct. $ 1.97
10/22/12 Huggies Baby wipes 56 ct. $ 1.97
Total amount required to be reimbursed $12.72

-------------------------------------------------------------------------
[Photocopies of all of my receipts or bank statements showing these purchases with personal information blacked out]
-------------------------------------------------------------------------
[Photocopy of the part of the contract the she signed that says that she is responsible for supplying those items]
-------------------------------------------------------------------------
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  #13  
Old 02-10-2013, 05:20 PM
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I moved this thread from the Book Club Section
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  #14  
Old 02-10-2013, 06:09 PM
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This is what I wrote to one of my families once:

Due to the current circumstances of this situation I will need to be paid (in full, via certified check) in the amount of ***.xx, and sent via certified mail to ensure it is routed here properly and paid in full without the ability to get "lost" or "stolen" or any bank issues. This will need to be received by me by Wednesday xx-xx-xx.

Otherwise, I will file Small Claims on Thursday, xx-xx-xx and I will see you in court based on the date they set with me. If you opt not to show the judge will automatically rule in my favor and a judgement will be placed against you for the entire amount that I file for.

By contract you are obligated to to pay me and you signed in agreement of that. I am familiar with the small claims process and I will also include court expenses in the case.

No matter which way you slice it, they will rule in my favor and it will cost me nothing more than time. Which I can afford. I also want to let you know that should we go to court and I win, (which I will win) a judgement will be placed against you both and will remain on both your records. This will lower your credit scores and can also greatly sway the fate of you getting a mortgage or purchasing a car, ect.

(You could use some of it and add)
I highly recommend this does not go to court over 3 socks.

Sincerely,
Provider
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  #15  
Old 02-10-2013, 06:22 PM
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Quote:
Originally Posted by Chatter Box View Post
This is what I wrote to one of my families once:

Due to the current circumstances of this situation I will need to be paid (in full, via certified check) in the amount of ***.xx, and sent via certified mail to ensure it is routed here properly and paid in full without the ability to get "lost" or "stolen" or any bank issues. This will need to be received by me by Wednesday xx-xx-xx.

Otherwise, I will file Small Claims on Thursday, xx-xx-xx and I will see you in court based on the date they set with me. If you opt not to show the judge will automatically rule in my favor and a judgement will be placed against you for the entire amount that I file for.

By contract you are obligated to to pay me and you signed in agreement of that. I am familiar with the small claims process and I will also include court expenses in the case.

No matter which way you slice it, they will rule in my favor and it will cost me nothing more than time. Which I can afford. I also want to let you know that should we go to court and I win, (which I will win) a judgement will be placed against you both and will remain on both your records. This will lower your credit scores and can also greatly sway the fate of you getting a mortgage or purchasing a car, ect.

(You could use some of it and add)
I highly recommend this does not go to court over 3 socks.

Sincerely,
Provider
love this!
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  #16  
Old 02-10-2013, 06:43 PM
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Originally Posted by NeedaVaca View Post
I agree with PP, I would only add that from now on get payments in advance. You won't have to worry about collecting your money after the fact if you are getting paid prior to service.
Yep, I have my parents pay two weeks ahead! Good luck, sounds like a horrible situation!
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  #17  
Old 02-10-2013, 06:47 PM
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I love that letter that chatter box shared. I guess with some parents you have to take a hard stance. I cant believe this mom is being this way over such silly things. If I had to replace all the lost little things that have gone missing through the last 7 years I would probably be broke! I think she is just trying to avoid paying.
Do you have a contract with this family? Do you have a section in your contract that includes legal fees and stuff? I would just file a claim in court and let them handle it. And amend your current contract to state that you are not responcible for loss or missing articles of clothing such as socks, or things like toy cars and that once those things enter your house you can not guarantee there condition. Maybe even state that things like toys, wipes, and diaper creme become community property.
I have to say that, thats a long day for any kid. Hopefully you can replace that family with one that will be good to you.
I actually have a parent that made such a big deal over me returning two bottles to her that after I looked and looked for them and just credited the price of two baby bottles back to her. Ofcourse a week later I found one of the bottles but she never offered to give me the money for it. Usually things like that just become part of my stock.
Deb
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  #18  
Old 02-11-2013, 10:32 AM
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Any updates?
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Old 02-11-2013, 12:21 PM
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Quote:
Originally Posted by Michael View Post
nicely written Vanessa!

Yep! Well thought out, too! I loved it.
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Old 02-11-2013, 12:41 PM
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MarinaVanessa MarinaVanessa is offline
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Thanks to everyone that complimented on my letter. Unfortunately I have experience in writing these types of letters. Fortunately I've never had to take anyone to small claims court after sending one .

I also LOVE LOVE LOVE Chatterboxes letter "I highly recommend this does not go to court over 3 socks." LOVE IT!!! I would add the word "used" in that sentence .

I also want to hear if there are any updates. Was another notice send out? Was a case filed? Did she pay, not pay ???? Update please!
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Old 02-11-2013, 12:56 PM
wdmmom wdmmom is offline
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How about adding a clause in your contract:

Not responsible for lost items.

I have all my families bring items to be kept here. I don't do diaper bags for this exact reason.

For all you know, the diaper bag has fallen over in the car so many times the socks got stuck in the "abyss" of her own vehicle!

Not only is it absolutely tedious to argue over 3 stupid socks but clearly this mom thinks you are going to cower and give in.

Don't let her pull one over on you. Collect your money!!!
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Old 02-11-2013, 01:03 PM
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I can't even read the title of the thread with out cracking up!

I have heard some really strange things before but this one is a doozey!
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Old 02-11-2013, 01:31 PM
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No she still has not payed me I did come across a pair of socks and car toy belonging to her! I'm going to call her tonight and ask if and when so would like to come pick up her things and also give her one last chance to pay me! And yes in my new contract I did include that I am not responsible for lost or damaged belongings!!! its DCP like this that blow it for the rest!
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  #24  
Old 02-11-2013, 01:34 PM
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MarinaVanessa MarinaVanessa is offline
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Perfect. Now she's only missing one sock, a t-shirt and a bottle .

Hopefully she won't hold your money hostage now.
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Old 02-11-2013, 01:47 PM
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Lol.. She will probably find a reason not pay me.. you know how expensive socks and t shirt.. umm $380.00 should cover it..jk..lol
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Old 02-12-2013, 08:28 AM
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Bless your heart for dealing with her and not wanting to smack her upside the head! Do parents not realize that by sending toys, the chances that they may get lost are pretty high? I don't allow outside toys for this reason, but still have parents try to bring toys for them to play with.

Hopefully you can get paid, I mean I know that sock must be made out of gold, but you did provide your services after all.
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  #27  
Old 02-12-2013, 09:37 AM
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Quote:
Originally Posted by cnamory View Post
Lol.. She will probably find a reason not pay me.. you know how expensive socks and t shirt.. umm $380.00 should cover it..jk..lol
I think someone once posted about a mom who sent her child in an expensive coat or sweater and it dissappeared and they wanted the provider to pay for it, I think it was like a 100 dollar sweater for a preschooler, anyone else remember.
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  #28  
Old 02-12-2013, 10:36 AM
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I think someone once posted about a mom who sent her child in an expensive coat or sweater and it dissappeared and they wanted the provider to pay for it, I think it was like a 100 dollar sweater for a preschooler, anyone else remember.
Pft...anytime a child brings any toy I tell parents "If you don't want to lose it here don't bring it" and when I see kids in new/nice clothes I remind parents "it's dirty and messy outside and we do lots of painting and messy crafts. Bring them in play clothes unless you don't care if it gets messy!!
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Old 02-12-2013, 10:58 AM
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She sounds petty and immature. She is clearly unhappy in her life and only gets happiness out of being a complete idiot and making other people's lives harder. When will people understand that we take care of their most precious possession and they really should be thankful instead of making our lives miserable. Is it just me or does everyone think our job is so much fun but the parents make it crap!
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Old 02-12-2013, 11:45 AM
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Love this THANK YOU !!!!!!
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