This Could Get Ugly

[My4SunshineGirlsNY]

At the end of January I was hired to care for a 3 1/2 year old boy full time. The father is an independant painter so his work sometimes slows down, so I cut them a deal and said if he didn't have any work at all, I would charge nothing for 2 weeks, then after that I would charge $50/week to hold his spot. Typed up a revision at the end of their contract and put this in writing and they signed it.

The boy only came for 2 weeks, then the following week was only here for one day...I charged them the full week of $125 and let her use one non paid day as per our contract, so she paid $100 for that week. the father called up ripping at me crazy for charging his wife the full week. I politely told him I encourage him to read the contract.

They never brought him back and I text the mom asking if the boy was still enrolled in my daycare...she text back and said he was and that her husband still didn't have any work and would let me know. Their 2 free weeks went by so I text her again and asked her again, yup, still in my daycare. So I told her she needs to start paying the $50/week to hold the spot...she said OK I'll tell "B" (her husband). Never heard a word. NO communication at all.

So I just typed up a letter officially stating I have withdrawn their son from my daycare and have filled his spot as on Monday, March 15th...and sent them an invoice for $150 for holding his spot for 3 weeks. I know the father is going to throw a fit about this, he's not a nice guy, but hey, it's in the contract that they signed!!

Now, I have belongings of this boy..his backpack, clothes, and blanket...if they show up for these things (which I told them they can call me to set up a time), and don't pay me, do I have a right to hold his items until payment is received or can I not do that? I have never had this happen before.

[AmandasFCC]

I absolutely would hold his stuff until you get paid.

[Persephone]

Hmm, that's a hard one. I'm not sure. When they call or show up I would make sure I remind them of the money. Maybe if they just show up say that you don't have time to find it, but when they come back with the money you'll have it ready. ??

I remember you talking about this family before.

[tymaboy]

We have been told that we can not hold a persons belonging for lack of payment.

[missnikki]

Collections

It sounds like he's taking advantage or just plain doesn't get how it works. Mom sounds more reasonable. If you 've sent invoices and still think you won't get paid here's what I do. Find a collection agency in your area, and (where I live, CA) all it costs is $20 for debt under $500. If they collect, you get 75%. It's better than not being paid, IMHO. Just document everything. Oh- I don't know if you need to have a clause in your contract already about collection for non-payment...might want to look into it. (It's in my contract, and in my program, I've had to do this 3 times. I run a center out of a school site with lots of children.)

No don't keep the items, but I'd start the collection process when they show up without payment.

[safechner]

It sounds like he's taking advantage or just plain doesn't get how it works. Mom sounds more reasonable. If you 've sent invoices and still think you won't get paid here's what I do. Find a collection agency in your area, and (where I live, CA) all it costs is $20 for debt under $500. If they collect, you get 75%. It's better than not being paid, IMHO. Just document everything. Oh- I don't know if you need to have a clause in your contract already about collection for non-payment...might want to look into it. (It's in my contract, and in my program, I've had to do this 3 times. I run a center out of a school site with lots of children.)

No don't keep the items, but I'd start the collection process when they show up without payment.

I have the parents who owes me so much money ($1500). Do I need go ahead to find a collection agency? I do have the policy like this in my contract too. Or should I take them in small claim court? I havent file a small claim court yet but I am going to soon. I mailed to them that I will take them to a small claim court if they dont pay in full by Feb 20 but they never paid. By they way, I live in Texas if that helps.

[missnikki]

I have the parents who owes me so much money ($1500). Do I need go ahead to find a collection agency? I do have the policy like this in my contract too. Or should I take them in small claim court? I havent file a small claim court yet but I am going to soon. I mailed to them that I will take them to a small claim court if they dont pay in full by Feb 20 but they never paid. By they way, I live in Texas if that helps.

If you are interested in finding a collection agency to hire, you can try to google or ask other businesses around your area who they use.
In California, you need to have a contract with someone, and if they don't pay you can hire someone to try to get the money for you. You need to show proof that it is in your contract, and that you provided the service. Also that they did not pay after being sent a bill several times. If you already threatened them that you will sue them, you can go that way if you want to.

If your contract is worded well and your rates are reasonable, you should not let people get away with stealing your services.

Good luck with that one.

[Former Teacher]

I talked with my husband who is always on the up and up on the law. He said this :

In the stand up of the law it is illegal to hold some one's personal possessions just to secure payment. It would be like if an employer did not pay someone for the work done. That employee can not withhold any items of the employer just to get their money. However since you do have a contract, the law is on your side. But on the other hand it is also bad business.

Keep us posted

[originalkat]

I talked with my husband who is always on the up and up on the law. He said this :

In the stand up of the law it is illegal to hold some one's personal possessions just to secure payment. It would be like if an employer did not pay someone for the work done. That employee can not withhold any items of the employer just to get their money. However since you do have a contract, the law is on your side. But on the other hand it is also bad business.

Keep us posted

I agree and have heard the same thing. I would just give them their stuff if they come by to get it along with another statement. If they dont pay then it is up to you if you think $150 is worth going to small claims for or hiring a collection agency. Personally, I wouldnt mess with it but that is just me. I dont think it is worht my time or stress.

[momma2girls]

I have had to take 2 families to small claims court in the past 6 yrs. In my mind it is well worth it!!They have to pay everything that is owed, plus late fees, etc....

[momofboys]

I have the parents who owes me so much money ($1500). Do I need go ahead to find a collection agency? I do have the policy like this in my contract too. Or should I take them in small claim court? I havent file a small claim court yet but I am going to soon. I mailed to them that I will take them to a small claim court if they dont pay in full by Feb 20 but they never paid. By they way, I live in Texas if that helps.

How did it get to the point that someone owes you $1500? Just curious? Did they leave with no notice?

[originalkat]

I totally understand that some people would go to small claims and think it is worth it. In certain situations, I would do it as well. I suppose it would just depend on the situation. I always require payment in advance so I will not be put in the position where I cared for a child and wasnt paid for it. However, if a situation occured where the parent came into financial trouble and needed to pay late and we made an arrangement that they failed to pay on and then just stopped coming, then I would take them to small claims and include all late fees etc...

But I dont waste my time (In my Opinion) or prolong a stressful situation for money lost when I did not care for the child (even if it is in my contract that 2 week notice is required etc...) I had one family who up and quit with no notice so technically they owed me $250 for the 2 weeks of the notice period. But for me, it just wasnt worth my time. I wasnt caring for the child anymore and Within a week I filled that spot and one more with twins and made that money back. In principle...of course they should be responsible and be held accountable and pay. But in reality, people are messed up a lot of times and I think it will come back to them eventually. But, I just move on. Many times you can make that money lost back more quickly when you invest your time and energy into getting a new enrollment instead of going to court. (Remember, this is my opinion based on money lost when I have NOT cared for the child. I feel differently if I already cared for the child and provided services...then I expect payment even if that means small claims.
Hope that makes sense.

[MarinaVanessa]

I have belongings of this boy..his backpack, clothes, and blanket...if they show up for these things (which I told them they can call me to set up a time), and don't pay me, do I have a right to hold his items until payment is received or can I not do that? I have never had this happen before.

I wouldn't keep the items. I'd just give them back. I think in the case that you go to small claims court it would look like good faith's in your corner. It would look like you tried everything you could do to work with this family even returning personal belongings (which by the way would have been a good time for the family to pay all or a portion of what they owed you) but you didn't get anything paid to you. I agree that you could talk to them again and give them another statement and/or a letter letting them know that you'll be taking them to court.

P.S. I hope you saved your texts that say that yes the child is still enrolled.

I have the parents who owes me so much money ($1500). Do I need go ahead to find a collection agency? I do have the policy like this in my contract too.

I think it's good that you would go to small claims court. That's a good amount of money. Just to put out there, it's a good idea to also have in your contract that in the case that a parent doesn't pay that you'll take them to small claims court and not only get the money owed but ALSO any court costs and any other fees that you incur while trying to collect the money. That way (for those that opt to send to collections) the fee's that collections charges are also included.

There's also a website ProviderWatch.com where you can report problem clients. Just fill in the clients name and information in there and you can report to other providers of any problems that you have with a client including non-payment. You can also search a potential client before you take them on as a client. It's free and when I signed up it even gives you a free basic listing here at Daycare.com. I signed up but havn't had to use it yet.

I always recommend to those that get paid after the week of care that you switch over to getting paid for the next week of care in advance. That way if a client doen't pay on time you don't watch the child and you don't end up with a bunch of money that is owed to you. (Get paid Friday or Monday to watch kid on that Mon, Tues, Wed, Thurs, Fri). Makes more sense to me than watching the kiddos for a week first then getting paid after.

Find a collection agency in your area, and (where I live, CA) all it costs is $20 for debt under $500. If they collect, you get 75%. It's better than not being paid, IMHO.

I havn't had to send anyone to collections yet but I do have it in my contract. I am also from CA, which company do you use? I'd like to have their info handy just in case.

[momma2girls]

I had the one bounce 3 checks before I knew the 1st one bounced. They kept trying to put them thru!! That was $375.00!! Then one family couldn't afford to pay me a 2 week notice- That was $400.00!!

[safechner]

Parents owes me so much money

I have watched a little girl from August 2006 to September 2007 and again August 2008 to November 2009 when she was 9 month old. Now she is 4 years old. They paid me on right time until they started fall behind starting December 2008. The girl's father who works as a builder for his brother and her mother works as a bookkeeper in Apartment location. Her father is only one who pays me. Both of them are very weird because they only argue about money and kids. The mother is only one taking care of her oldest daughter who is 9 years old (she is very spoil brat, I am sorry to say that but it is true) and the father is only one taking care of his 4 years old daughter. For example, I watched his step daughter in my home since she is not in school for spring break or holidays. I told him that I charged $15 a day and he said well it is not my responsibility to pay so tell her mother. It is the same thing when I called mother to let her know that I need to get paid by today when I watched her little girl so she told me well I need to tell her husband but the little girl is her real daughter, too. How sick is that?? I am so sick both of them like that....

Until about September 2009 and they gave the check 4 or 5 times bounced checks and left me high dry and plus late fees, nsf fees, and two weeks notice. I wrote email to ask the payments and they have ignored me. I mailed them that I will take them to court if they dont paid me in full by Feb 20th... That would included any court fee, certificated mail fee, and more fee if I win the case. I am pretty surprised they wouldnt pay me in full.... I have tried to give them to work something out with payment plan like two or three times back in Oct, Nov, and Dec then I gave up. All I got email from her mother said, "We have asked breakdown a few times. If I had money so I will give to you, BROKE." The reason is that I wont give her breakdown because I wanted them to come over here to work something out with me with payment plan and I will be happy to show them my childcare records. They never came here anyways. In the past, I have given her breakdown a few times but it doesnt work that is why I refused to give her out again.. They never keep the records how much they owe me but the problem is that her father tried to hid from his wife or he may lied to her They only live 4 block around here...

I am going to file on Monday to get everything ready...