Ugh!

[MarinaVanessa]

She was contracted Monday-Friday 7-4.

If your contract says Monday through Friday 7-4 then thats all you are obligated to provide. Days on the weekends were an added bonus that she got for free (or paid if she paid it). Again HER needs changed, not yours. You offered to provide some weekend childcare for her depending upon your availability but that is not a requirement of your contract.

Her schedule changed therefore she needs to find alternative childcare which means she needs to give you a two-week termination notice.

If you look at it this way, YOU are actually terminating the relationship. I'm assuming you've done at least some weekend care for her, but you don't want to do all weekend care? So you are saying that her schedule no longer works for you, and you no longer wish to care for her child because of it.

The contracted hours are Monday-Friday and do not include weekends therefore I'm assuming here that any days on the weekends were extra. She is only obligated to provide childcare during the weekday, not on weekends. The parents needs have changed. Not the provider. If taken to court a judge will ask to see what was contracted.

I do weekend childcare all the time for my regular clients and I don't require them to sign a different contract for when they want weekend childcare because I am only obligated to provide childcare for what is contracted, weekends are just extra days. And this is coming from a business lawyer friend of ours in CA which helped me do my contract and handbook. I had this problem once before and the parent threatened to contact a lawyer but I never heard from them again other than to receive a check in the mail for what they owed me.

Don't forget that you can also report any debt owed to you to ProviderWatch.com for free. It's a national debt inquiry company catered directly towards childcare. You can check to see if clients owe money to other childcare providers (for a fee) but reporting a debt is always free.


This just seems like another case of Give a parent "special" and "special" becomes "normal" and then they expect more. Now that you have said no to them you have exceeded your purpose and are no longer useful. It's unfortunate but it happens quite often.

[MyAngels]

However, I think that this just might be a losing battle. If I were you, I would just call it a loss. This family has no lawyer, no money and if you take them to court its going to be more work, time and money for you that this family owes.

I've got to disagree with you here. Going to small claims court is really not that difficult. There are some pros and cons, as with all things.

There is an outlay of money initially for the filing fee and service fee, so that's a con - but this money can be recouped later when you collect on the judgment.

Once you file your complaint and get service you do have to take a small amount of time to go into court (assuming you didn't hire a lawyer).

More than half the time small claims complaints result in a default judgment because the defendants don't show up (a win for you, the plaintiff). Judgments in my state accrue interest at 9% per annum until they are paid in full.

Once you've got your judgment it's just a matter of collecting. This can sometimes take awhile, especially if you're going after someone who is not that concerned with paying their bills in the first place.

The first thing I would do is file the judgment with the county Recorder's Office. If you do this they can't buy or sell any real property without satisfying the judgment, plus it goes on their credit at this point, too.

If you keep good records, as we all should, you can also file a levy against their bank account. If you time this right you'll get all of your money at that time.

You can also try to file a wage garnishment against them if you know where they work. This isn't always effective with people who don't make much money, since they have to make over a minimum amount in order to be garnished.

I think when we are afraid or unwilling to enforce every aspect of our contract it weakens the entire contract. Why have one if you're not going to enforce it, KWIM?

DISCLAIMER: I am not a lawyer, and this not legal advice. It is based on my knowledge of the laws of the State of Illinois and common legal practice in my county. As with all things, YMMV .

[daycare]

I've got to disagree with you here. Going to small claims court is really not that difficult. There are some pros and cons, as with all things.

There is an outlay of money initially for the filing fee and service fee, so that's a con - but this money can be recouped later when you collect on the judgment.

Once you file your complaint and get service you do have to take a small amount of time to go into court (assuming you didn't hire a lawyer).

More than half the time small claims complaints result in a default judgment because the defendants don't show up (a win for you, the plaintiff). Judgments in my state accrue interest at 9% per annum until they are paid in full.

Once you've got your judgment it's just a matter of collecting. This can sometimes take awhile, especially if you're going after someone who is not that concerned with paying their bills in the first place.

The first thing I would do is file the judgment with the county Recorder's Office. If you do this they can't buy or sell any real property without satisfying the judgment, plus it goes on their credit at this point, too.

If you keep good records, as we all should, you can also file a levy against their bank account. If you time this right you'll get all of your money at that time.

You can also try to file a wage garnishment against them if you know where they work. This isn't always effective with people who don't make much money, since they have to make over a minimum amount in order to be garnished.

I think when we are afraid or unwilling to enforce every aspect of our contract it weakens the entire contract. Why have one if you're not going to enforce it, KWIM?

DISCLAIMER: I am not a lawyer, and this not legal advice. It is based on my knowledge of the laws of the State of Illinois and common legal practice in my county. As with all things, YMMV .

I know what you are saying. I guess for me that amount of money would not be worth it to me. If I had to go to court, that means a day that I will have to close my daycare, upsetting my preschool program and parents. It would cost me to close my daycare too.

Even when you wrote it, it sounds like just a lot to have to do. BUTif you have that kind of time and patience, then go for it and chase the money.


I would not waste another second on this family and I would be chasing new clients instead and letting go of the past. I always say what goes around comes around. That family will get what they deserve in the end. Life always seems to work itself out that way, so I think...

[MyAngels]

I know what you are saying. I guess for me that amount of money would not be worth it to me. If I had to go to court, that means a day that I will have to close my daycare, upsetting my preschool program and parents. It would cost me to close my daycare too.

Any income that you lose by closing your daycare can be included in the judgment amount awarded by the court.

Even when you wrote it, it sounds like just a lot to have to do. BUTif you have that kind of time and patience, then go for it and chase the money.

It's not about "chasing the money" - it's about enforcing the contract. The contract that I spent a lot of time and effort creating. The contract that so many complain about when parent's don't honor it.

I would not waste another second on this family and I would be chasing new clients instead and letting go of the past. I always say what goes around comes around. That family will get what they deserve in the end. Life always seems to work itself out that way, so I think...
Who says you can't chase new clients and collect from previous clients? I know most of us can certainly multi-task.

Again, if you're not going to enforce your contract why have one in the first place?

[Willow]

She was contracted Monday-Friday 7-4.

This is the bottom line. All you need. End of story. Period.


**She** originally contracted for those hours.
**She** requested to change them to ones you couldn't accommodate
**She** decided to no longer have her child attend at that point.

That's all on **HER**
That's **HER** not fulfilling the terms of the original contract and terminating, not you.


Would be a different story if you altered the terms of the original contract, provided care for those new hours and then decided you couldn't continue. But that wasn't the case.

For those that think it's the provider terminating here if a parent originally contracted M-F, 8-5, came to you and demanded you instead start watching their child every third day from 9pm to 3am and every Sunday during church hours and you said no - that's not you terminating. Anything that deviates from the originally contracted hours is on the parent, not the provider. Not being willing or able to change the terms of an original contract is always on the parent.


I call bull about the lawyer bit too.

I have one on retainer because of issues I have with my children's father. Not only did it cost me $2500 just to get him to sit down with me (and $120/hour every hour after I used that up) but after he had my check he so much as demanded I never speak directly with the other party.

I would let her know you're going to continue with collections proceedings as you already told her and you'll be watching for this supposed lawyers filings with great anticipation. Beyond that you don't wish to communicate further due to her hostility over the situation. She's aware of your expectations, she's aware of what'll happen if she doesn't square up her final bill. Also let her know you're extremely surprised her lawyer advised her to be speaking to you directly in such a way. That's supposed to be his job.

You are well within your rights and should have no problems collecting.

[Breezy]

She texted me again today telling me she needs her daughters play mat back that she supplied when she first started. I haven't responded yet but if she had not blown me off she would have it already!

[Lucy]

I didn't realize the contract was for M-F. Sorry. Thought from how you said it, that you did weekends for her sometimes. Ok, forget what I said!!

[Willow]

Thought from how you said it, that you did weekends for her sometimes.

Wouldn't matter if she did, the contracted hours are the only thing that matter when it comes to the contracted terms.

If it's not in there that the provider will be available to provide care any/all weekends then she doesn't have to.


Frankly, I think this mom ought to be ashamed of herself. Sounds like you bent over backwards to accommodate her wonky schedule, if anything she should be apologetic that work is bouncing her around the way it is and that that's caused you so much readjustment (which frankly doesn't make any sense, school start up launches right into holiday/Christmas season, they should need her more than ever in just a few short weeks), and thanking you to high heaven for doing all you did to accommodate her for as long as you did.

[Lucy]

Wouldn't matter if she did, the contracted hours are the only thing that matter when it comes to the contracted terms.

If it's not in there that the provider will be available to provide care any/all weekends then she doesn't have to.

My comment is above yours where I say that I didn't realize she wasn't contracted for weekends.

[countrymom]

so what are you going to do. Send her a registered letter stating she owes you fees. I watch alot of peoples court and make sure you have a paper trail and that you tried to reach her.

[Blackcat31]

She texted me again today telling me she needs her daughters play mat back that she supplied when she first started. I haven't responded yet but if she had not blown me off she would have it already!

I would text her and tell her that when she stops by to drop off payment in full, she can pick up her DD items.

Remember though, it isn't legal to hold her DD's things hostage for the money.

I would just text her the above statement so she knows you are expecting payment in full despite her "threats" of an attorney.

Perhaps, when she sees you aren't backing down, she will just give up and pay the bill.

[Crazy8]

sorry you are dealing with this mess!! I am very glad I collect a deposit up front and will never run into this. Also, my contract specifies the days/hours of care and that any changes need to be approved by me and a new contract needs to be signed for the changes to become effective. I was going to switch to separate contract/handbook like a lot of people here have but with situations like this I am thinking its better to have ALL that info in one place and I'm going to keep it that way!!

Good luck!!

[Crystal]

I would completely stop with the text messaging. I would send her a demand letter, requesting payment in full by a specific date and state that if payment is not recieved by that date then you will pursue legal recourse. Send it certified mail, if she refuses to sign for it, send it again, if she refuses to sign for it file it and proceed with taking her to court. I would not communicate with in her AT ALL, other than the letter.

[countrymom]

I would completely stop with the text messaging. I would send her a demand letter, requesting payment in full by a specific date and state that if payment is not recieved by that date then you will pursue legal recourse. Send it certified mail, if she refuses to sign for it, send it again, if she refuses to sign for it file it and proceed with taking her to court. I would not communicate with in her AT ALL, other than the letter.

I agree with this. Why do you all continue to text with parents, all I ever see that comes from all this texting is bad stuff.

[MarinaVanessa]

I agree with this. Why do you all continue to text with parents, all I ever see that comes from all this texting is bad stuff.

Text records are admissible in courts in some states and can be used as a record, same as emails. I wouldn't continue to contact her anymore unless through certified mail either which included instructions on how any further contact and responses made by them must be made by certified mail as well.