Have You Sued...

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  • coolconfidentme
    Daycare.com Member
    • Oct 2012
    • 1541

    Have You Sued...

    ...for past due child care income?

    I have two parents that owe for past due child care. Neither child are with me now. One parent did not give notice & the other is a long story. Sue?
  • MyAngels
    Member
    • Aug 2010
    • 4217

    #2
    If I had a signed contract, I would. Even if I thought I couldn't collect. It's the principle of it .

    Comment

    • Angelsj
      Daycare.com Member
      • Aug 2012
      • 1323

      #3
      I have had to do that a couple of times over the years. It really isn't a tough process. Here, fill out a sheet, with amounts and problem, and who you are suing. You do need their name and current address.
      Pay $75, which you INCLUDE as a cost to them when it is all over.
      Meet for mediation on the day. If they show, you set up how you are going to get paid. If they don't, you win automatically.
      Both times, they showed, and I got paid fairly quickly. Something about having the court contact you wakes them up I suppose.

      For the record, just a simple record of "these are the days the kids were here" and "This is what is owed me" was fine. I didn't ever show my contracts or anything else. You might need that if they argue they don't owe you.

      Comment

      • Unregistered

        #4
        I wouldn't make much of a big deal out of it. I am a provider, but a parent first. I wouldn't sue anyone over a few dollars not even a couple hundred dollars. I would not let it get to that point of someone owing me that much money. And if a person only owes because they did not give notice then I definitely would not sue. Yes it is in the contract to give notice, however, if a person feels for whatever reason they do not want their child in your care that is a decision they should be able to make, even if it is an impulse decision and they do not give you any notice. If I noticed anything wrong with a dcp my child was with I'd pull immediatly and would not pay for anytime my child is not there. Yes, as a current provider I understand how that puts up in a bind, but somehow we always manage to bounce back, so if a parent feels they do not want their child with me amd leaves w/o notice, I must have done something wrong, even if it wasn't anything major, but to them it might be. We are all different as parents and see things differently when caring for children. Besides would you want a daycare parent sueing you just because their child fell in your daycare? Because they do have the right to sue for something as small as that.

        Comment

        • Play Care
          Daycare.com Member
          • Dec 2012
          • 6642

          #5
          Originally posted by Unregistered
          I wouldn't make much of a big deal out of it. I am a provider, but a parent first. I wouldn't sue anyone over a few dollars not even a couple hundred dollars. I would not let it get to that point of someone owing me that much money. And if a person only owes because they did not give notice then I definitely would not sue. Yes it is in the contract to give notice, however, if a person feels for whatever reason they do not want their child in your care that is a decision they should be able to make, even if it is an impulse decision and they do not give you any notice. If I noticed anything wrong with a dcp my child was with I'd pull immediatly and would not pay for anytime my child is not there. Yes, as a current provider I understand how that puts up in a bind, but somehow we always manage to bounce back, so if a parent feels they do not want their child with me amd leaves w/o notice, I must have done something wrong, even if it wasn't anything major, but to them it might be. We are all different as parents and see things differently when caring for children. Besides would you want a daycare parent sueing you just because their child fell in your daycare? Because they do have the right to sue for something as small as that.
          Um, wow. Why bother signing a contract? Heck, why bother charging?
          Let's all do this for free so we can help others. So what we can't put food on our own tables, keep a roof over our heads and clothe our own kids. That's our fault for choosing to provide child care...

          Money is a BIG deal. It's the reason *most* people work.

          Comment

          • Unregistered

            #6
            Originally posted by Play Care
            Um, wow. Why bother signing a contract? Heck, why bother charging?
            Let's all do this for free so we can help others. So what we can't put food on our own tables, keep a roof over our heads and clothe our own kids. That's our fault for choosing to provide child care...

            Money is a BIG deal. It's the reason *most* people work.
            I am just giving my opinion on what I would do. If you don't like it so be it. Run your business the way you do and I will run mine my way. I've never had anyone owe me money like that because I run my business and stay on top of it, that is why I would not have to sue anyone.

            Comment

            • sally
              Daycare.com Member
              • May 2013
              • 267

              #7
              I have had 2 families in the past that have tried not to pay me. The first one had been a friend and then dropped out of sight suddenly. All that took was my husband calling her and mentioned small claims court and the next day I had a check dropped off. The second family the mom wasn't getting many hours and promised me she would pay me when she started her new job. I wasn't watching the child any more since she had new hours. I gave her 1 month to get a couple pay checks then started sending txt messages and leaving voicemails once a week. Didn't hear anything for another month. Finally my last message stated I was starting small claims court procedings the next day and all of a sudden I was paid that week. Some times you have to do it and sometimes its just the threat that works

              Comment

              • Unregistered

                #8
                Originally posted by Unregistered
                I wouldn't make much of a big deal out of it. I am a provider, but a parent first. I wouldn't sue anyone over a few dollars not even a couple hundred dollars. I would not let it get to that point of someone owing me that much money. And if a person only owes because they did not give notice then I definitely would not sue. Yes it is in the contract to give notice, however, if a person feels for whatever reason they do not want their child in your care that is a decision they should be able to make, even if it is an impulse decision and they do not give you any notice. If I noticed anything wrong with a dcp my child was with I'd pull immediatly and would not pay for anytime my child is not there. Yes, as a current provider I understand how that puts up in a bind, but somehow we always manage to bounce back, so if a parent feels they do not want their child with me amd leaves w/o notice, I must have done something wrong, even if it wasn't anything major, but to them it might be. We are all different as parents and see things differently when caring for children. Besides would you want a daycare parent sueing you just because their child fell in your daycare? Because they do have the right to sue for something as small as that.
                What about parents who are daycare hoppers? You know just drop their kid off for a full day/week of care and promise to pay you on payday but then leave or simply stop showing up?

                Do you just blow it off and not try to collect? It had nothing to do with the parent not liking the provider... Just a parent trying to get something for free... How do you handle those kinds of situations?

                Comment

                • DaycareMom2012

                  #9
                  Originally posted by Unregistered
                  What about parents who are daycare hoppers? You know just drop their kid off for a full day/week of care and promise to pay you on payday but then leave or simply stop showing up?

                  Do you just blow it off and not try to collect? It had nothing to do with the parent not liking the provider... Just a parent trying to get something for free... How do you handle those kinds of situations?
                  I always require payment for that week upfront on the first day or if I feel they are like that then they need to pay a week ahead. Also in my city, I know of daycare centers that will hold tax information if the parent does not pay thier dues. I would also do that.

                  Comment

                  • Blackcat31
                    • Oct 2010
                    • 36124

                    #10
                    Originally posted by DaycareMom2012
                    Also in my city, I know of daycare centers that will hold tax information if the parent does not pay thier dues. I would also do that.
                    Are you in the U.S or Canada?

                    I don't think we can legally withhold the tax info if a parent owes money.

                    I think Tom Copeland said that if a parent supplies us with the proper paperwork for the EIN/SS # info, and we refuse to give it out, then we can get fined for refusing to provide it.

                    We aren't required to give a year end total as far as money paid out, but do have to fill in the W-10 if it is presented to us.

                    I don't know for sure...I am prepaid so I don't really have issues with parents owing either but in the past I have been in that situation before. A couple times, I simply let it go and took the loss and once I did sue a parent.

                    They ended up paying but only after the courts ruled in my favor.

                    Comment

                    • Play Care
                      Daycare.com Member
                      • Dec 2012
                      • 6642

                      #11
                      Originally posted by Unregistered
                      I am just giving my opinion on what I would do. If you don't like it so be it. Run your business the way you do and I will run mine my way. I've never had anyone owe me money like that because I run my business and stay on top of it, that is why I would not have to sue anyone.
                      I get a deposit and get paid in advance of care, so I get it. But if on the off chance I had a parent leave owing me money I would absolutely try to collect.

                      Comment

                      • My3cents
                        Daycare.com Member
                        • Jan 2012
                        • 3387

                        #12
                        Originally posted by Unregistered
                        I am just giving my opinion on what I would do. If you don't like it so be it. Run your business the way you do and I will run mine my way. I've never had anyone owe me money like that because I run my business and stay on top of it, that is why I would not have to sue anyone.
                        So a parent has you believing the child is coming for the week and then up and leaves state, doesn't pay you for that week of care or give you a two week notice and you feel that is ok because you must have done something wrong?


                        NO! but you are right in the fact that it is your business and you can run it the way you wish. Most people that run their business this way don't stay around long in this profession.

                        Comment

                        • My3cents
                          Daycare.com Member
                          • Jan 2012
                          • 3387

                          #13
                          Originally posted by Unregistered
                          What about parents who are daycare hoppers? You know just drop their kid off for a full day/week of care and promise to pay you on payday but then leave or simply stop showing up?you get paid a week ahead and this is avoided

                          Do you just blow it off and not try to collect? It had nothing to do with the parent not liking the provider... Just a parent trying to get something for free... How do you handle those kinds of situations?
                          you are paid a week ahead and before care is given on a monday. No pay, no stay. You can't take on everyone elses problems or they will become your problems. After a relationship is built you can decide if you want to be lenient with a client or not if a crisis comes up, but in most cases it is best not to do this.

                          Comment

                          • TheGoodLife
                            Home Daycare Provider
                            • Feb 2012
                            • 1372

                            #14
                            Originally posted by Play Care
                            I get a deposit and get paid in advance of care, so I get it. But if on the off chance I had a parent leave owing me money I would absolutely try to collect.
                            I have a 2 week deposit, to be applied to the last 2 weeks of care when they fullfill my termination requirements. I also get paid on Friday for the following week. I figure they can leave and try to "hide" from me- not si easy since I work from my own home I've never had anyone disagree to this yet, I just give them X amount of weeks to have the deposit paid.

                            Comment

                            • coolconfidentme
                              Daycare.com Member
                              • Oct 2012
                              • 1541

                              #15
                              Originally posted by Unregistered
                              I wouldn't make much of a big deal out of it. I am a provider, but a parent first. I wouldn't sue anyone over a few dollars not even a couple hundred dollars. I would not let it get to that point of someone owing me that much money. And if a person only owes because they did not give notice then I definitely would not sue. Yes it is in the contract to give notice, however, if a person feels for whatever reason they do not want their child in your care that is a decision they should be able to make, even if it is an impulse decision and they do not give you any notice. If I noticed anything wrong with a dcp my child was with I'd pull immediatly and would not pay for anytime my child is not there. Yes, as a current provider I understand how that puts up in a bind, but somehow we always manage to bounce back, so if a parent feels they do not want their child with me amd leaves w/o notice, I must have done something wrong, even if it wasn't anything major, but to them it might be. We are all different as parents and see things differently when caring for children. Besides would you want a daycare parent sueing you just because their child fell in your daycare? Because they do have the right to sue for something as small as that.
                              DCM did not give notice because she pulled him out over money. DCM made a summer agreement with dad for the child to go there every other weekend without telling me beforehand. I text asking if the child would be coming to daycare that day & was told the child was at dad's for the week. She brought him back the following week & said she should NOT have to pay cause he wasn't here regardless what her contract said. She THEN told me about the summer agreement. I asked her if she wanted to go on a daily plan & she didn't want to pay more for the weeks he was here. She pulled him out when I reminded her she still owed for the week previous. (She has paid in the past when DCB was at dad's)

                              Comment

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