Two Week Notice Disaster......

[B Lou]

I've had 2 parents that have given me notice in the last 3 week. Alittle back ground information. They are related. The first parent gave me notice according to her because she didn't want her child to be in daycare where she could become sick from other children.I informed her I understood but please remember I require a 2 week written notice paid. Here's where the fight began. She didn't like the fact that she has to pay for time when her child isn't in daycare. I reminded her it's in my contract that she read, agreed to, and sighed. Well after days and days of trying to get her to understand, she then decided to make false accusationto my licernsor.

I call the local collection company to find she owes quite afew others before me. So while deciding where to go from here the second parent gives me notice. Please remember they are related. She tell me that she loves my daycare and her child never wants to leave when it's time to go home. Again I rememnd her that I require a 2 week written noticed paid. She informs me she will be by to pay it.

When she arrives to pay it she hands me a piece of paper where she has written some complaints about my services. Opon arriving on day to pick up her 17 month old she found her sitting at the dinning room table sitting in an adult chair with out a booster seat. And informs me that it is MN State law they must be in a booster. NOT TRUE. and the second complaint is 1 day I used cream other than what the parent provided. (?). And gave me a check for $35.00 when her 2 week notice bill is $90.00.
After calling my licensor to report all of this she informs me that 85% of all reports on a provider is due to the parent owing money.

So here is my question. Where do I go from here. I mean if I take them both to small claims court what can I really get from them when they already owe every body else.

[safechner]

I would send a certified mail to your daycare parents to pay up in 30 days to avoid late fee, court fee, etc... Take them to small claim court if they don't pay after 30 days. You have everything proof that they signed your contract. It doesn't matter what the parents said about your daycare service but they still have to pay you.

[cheerfuldom]

Find out what costs you would incur from going to small claims and collections and see if it is worth your time. Either way, I would send a certified letter documenting dates, amount owed, further action to be taken, etc in hopes that that will get them to cough up the amount owed before it goes to collection. It would only take a few dollars to send a certified letter and you can get ideas on here of what to write.

[DaycareMomma]

I looovvveeee it when you have family members in daycare together and ones leaves and soon after the other one does for no apparent reason.

I would just send a certified letter stating what your contract says and give them a date to have their payment to you by. Tell them that effective on a certain date you will be enforcing your late payment fees. If they do not respond to that, then look into filing with small claims court.

[wdmmom]

Send both families a copy of the contract outline/highlighting the cancellation policy.

Send a certified letter along with the contract demanding payment within 10 days or the will face legal action. Then make the mention to them that if its not paid in full by the said date, you will be charging late fees. And, by going to small claims court, they face the possibility of paying up to 40% more than the amount you are seeking. (court costs, filing fees, attorney fees, collection fees, etc.)

I wouldn't let these parents slip through the cracks. Hold them responsible to the fullest extent of the law. Then when you win, garnish their wages! ::

[Sugar Magnolia]

In my city, it costs $80 to file a small claims. I don't think its worth it in your case.

[Blackcat31]

In my city, it costs $80 to file a small claims. I don't think its worth it in your case.

In MN if you win your case the loser pays for your court costs too. I woud think with a signed contract and documentation proving the parents in these two families does in fact owe the money, OP will have a good chance at recouping her court costs.

[Meyou]

Include the extra costs for small claims court in your letter to them so they know they will be required to pay those fees as well if you need to sue them. That may help convince them to pay you what they owe. Good luck!

[GretasLittleFriends]

Don't forget late payment fees too!

[MyAngels]

This is based on my state's laws, but I would imagine that most states are similar.

In small claims court costs are paid by the losing party - if you win, they pay the filing fee and any service fees incurred in getting your judgment. Attorneys fees generally are not awarded in small claims cases unless there is a written contract allowing them - though I've seen them awarded without the written contract.

If you get a judgment you can:

Garnish a bank account - you get a lump sum of whatever is in the account on that day, up to the amount of your judgment. Timing is everything here. If you can figure out when their paycheck is deposited, that's the day to garnish .

Garnish their wages. In our state it is difficult to garnish wages of lower income people because there is an amount that is exempt from garnishment and it depends on the size of the family.

File the judgment with the recorder's office. This not only puts a lien on any real property that they may own, but also affects their credit.

Judgment amounts here also accrue interest at the statutory rate (9% here last time I looked into it).

If I were really in a mood to be difficult about it, I would make sure to serve them at their place of employment, and tell your process server not to be discrete about it ::.