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The family that I termed cancel the check on me. Since my contract only states NSF fees can I still go after my bank fees? He also owes me late fees.I'm so angry right now
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Hmmm, I think I would. That's rotten of them.
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this couple has been a real nightmare! Getting e-mails left and right name calling, etc. I will be taking this dcp to small claims court, because of all the stress they have caused me. Dcp owes me for dcb #2 (infant) which is only $150 but also late fees are accruing. I know it might not be worth it but I am so angry. I will not allow anyone to take advantage of me in any way!Comment
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I would try to go after it in court and leave it up to the judge to say whether you get it or not.
Make sure to ask for payment of tuition owed, late payment fees, bank fees and court filing costs.Comment
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Once you get your small claims judgment it will automatically go on his credit and will stay there even if they pay you in full. You should also be able to record it with your county recorder so he can't buy or sell property without making good. I'd also see about garnishing his bank account and doing a wage garnishment.
Where I am our State's Attorney will criminally prosecute bad checks, which includes a stop payment, if you should want to try that.Comment
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We had this happen to us about 6 years ago. We had an argument with DCM on a Tuesday. She e-mailed a no-notice termination Wednesday morning, and told us that we could put the refund for the rest of the week in her mailbox :
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Then she cancelled her check for the week, even though her girls had been in care for 2 days that week.
We let it go, and I would definitely change that if I could go back in time.Comment
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I forgot to add - most states allow interest on judgments as well (9% in Illinois), so if it takes awhile to collect you get that as well.Comment
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This is one of the many reasons I do not accept checks.
Also, my parents pay me monthly - I require a month's notice from them, so I too provide one month's notice (unless it's an immediate term due to something very serious) - so I will hand over a term letter for the first of the following month after they've handed me my monthly fees for the current month.
I would do the same if I was paid weekly or bi-weekly.Comment
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Lesson learned! DCP canceled check when I terminated dcb same week. DCP didn't want to risk me having to keep the balance to go towards other dcb account.
DCP feels he don't owe for other dcb since we had a VERBAL agreement that he dcb would be out the second week of every month. Our VERbAL agreement was if 2-week notice happened to fall on 2-week notice period DCP will still be responsible. DCP parent signed a contract that the last 2-weeks would be paid. Now DCP is trying to use that against me that I knew about the pre-arranged week and why did I give a notice then. When I wrote up the letter I stated that the free week no longer be valid since we were terminating services. I sent the notice by email and he didnt open his email until Monday (supposedly) that dcb was already with auntie. My response was "that was your choice, you signed a contract that the last two weeks would be paid"
Do you think I will have a winning case in court?Comment
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I don't think you will win in court. I agree with the parent that you should not have termed at a time when you knew he was not scheduled to be there and the agreement was they wouldn't have to pay for that time prior to the termination notice. You were fully aware that he wasn't going to be there and that they weren't required to pay for that time, yet termed anyway. They probably did not budget for it because they were not scheduled to be there. I would have waited to term until the following week, or I would not expect to be paid for that week. As an FYI, verbal agreements will stand up in court.
I would let it go and consider it a lesson learned.Comment
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Yes but DCP also knew that if a 2-week notice was given during the free week, it will be their decision to either have dcb attend daycare or still sent to auntie, and they would also be responsible in paying those last two weeks. Notice was given Friday if he wanted to he could of changed his mind, right?
For example, if you are scheduled to go on vacation and your employer terminates you without pay, what would you have done? I would cancel my vacation because of money issues, right? I feel that I gave dcp proper notice and made it clear verbally and in writing that if either party gave notice he would still be responsible for the tuition. This isn't fair!
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Just a thought.....when parents come to my day home we have an initial 30 day contract. That allows me to term if I have figured out in the first 30 days they were less than accurate about their little one or how they deal with them.
After the 30 days is up, if we all decide to continue care, they have to pay the first month and last month up front at that point. Since I started this policy, I have never once had a parent leave without giving the proper 30 days notice and no issues at all. If a parent doesn't pay on time, they don't have care until they do and if they go more than two weeks without payment they are terminated without their 30 days prepayment reimbursed. If need be, I can apply their prepayment to the current month and never be out any money while taking a month to find another family.Comment
Good for you! Hope it gets settled quickly and you have no more headaches from them!
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