How would you guys handle this...

[tjones34]

I have a new client whose child has been out for almost 2 weeks now. The child was sick last week so I told her as per my contract which she signed it states payment is still due whether the child comes or not. I had communication with her last Wednesday and she said okay she would get the payment to me. Its been another week, I have called, texted, and emailed her Still no response to either method. At this point I no longer consider her child enrolled but I'm waiting until Friday which will be a full 2 weeks that the child has not been here and that payment has not been given. I have my termination letter ready and want to know what I should include or leave out. And what other steps should I take in trying to receive my money plus late fees.

Any suggestions are welcome!
:confused:

[Cradle2crayons]

I have a new client whose child has been out for almost 2 weeks now. The child was sick last week so I told her as per my contract which she signed it states payment is still due whether the child comes or not. I had communication with her last Wednesday and she said okay she would get the payment to me. Its been another week, I have called, texted, and emailed her Still no response to either method. At this point I no longer consider her child enrolled but I'm waiting until Friday which will be a full 2 weeks that the child has not been here and that payment has not been given. I have my termination letter ready and want to know what I should include or leave out. And what other steps should I take in trying to receive my money plus late fees.

Any suggestions are welcome!
:confused:

Do yur parents pay the week behind? Meaning do they pay on Friday for that current week. Or do they pay a week ahead??

And does your contract require a two week notice and do yu require two weeks up front before they begin care at contract signing?

[tjones34]

My parents pay on Monday morning by 9am after that the late fee is applied.My contract requires a month notice but no 2 week deposit

[blandino]

I wouldn't even give them the option of waiting until Friday. At this point, to me, non-payment forfeits the spot. I would start advertising, and if you get any responses interview and fill the spot. I would have no qualms about it.

I have in my contract that it payment is due on Friday, for the following week, and if it isn't received by the following Wednesday (in cases of an absent child - because I won't provide care without payment), then the position isn't reserved anymore.

[tjones34]

That is so true! And actually I have an interview this evening that can fill her spot!

[blandino]

That is so true! And actually I have an interview this evening that can fill her spot!

I wouldn't hesisitate to fill the opening.

But I would LOVE to be a fly on the wall if/when you speak to non-paying DCM.

[tjones34]

Honestly I don't think she is going to come back or contact me. She is a young mom and not very responsible so I think she will just be like whatever and move to the next center. But I still would like to move forward in getting paid from her.
Maybe I should let it go...not sure.

[Heidi]

Honestly I don't think she is going to come back or contact me. She is a young mom and not very responsible so I think she will just be like whatever and move to the next center. But I still would like to move forward in getting paid from her.
Maybe I should let it go...not sure.

No, you should NOT let it go! You should demand payment via certified letter for your entire notice period, and take her to small claims court if needed.


From this point forward, I highly recommend a 2-week deposit at contract signing, and payment in advance on Monday mornings. This way, at least a 2-week notice is always paid for. I have a 2-week notice (not 4), so I am not sure how it would work with 4.

At the very least, payment is due in advance of care. At least then you can't get ripped off on services you've already provided.

Here's a similar thread with a sample letter. Modify the info as needed:

https://www.daycare.com/forum/showthread.php?t=48700&highlight=collection+letter

[MyAngels]

I would write her a letter detailing the amount that she owes you. If I'm reading this right, she owes you for two weeks of care, plus one month of notice time, so six weeks at your regular rate, plus late fees.

Get a copy of a small claims complaint form from your local courthouse and fill it out with all of the information requested.

Send the letter, along with a copy of the filled out small claims complaint form. Give her until whatever date you choose to either pay the entire amount due. Let her know that the next day after this date you will be filing the small claims complaint and she will be served with it by a process server. Also let her know that if you are forced to file suit she will be responsible for additional fees and costs associated with that.

In this case, if you feel you might not be able to collect the entire amount due even with a judgment, you could offer to "settle" for XXX amount (whatever you think you'd be happy with).

If she doesn't comply, go ahead and file the complaint and get a judgment. Even if you don't get immediate payment you can take steps to enforce the judgment and will most likely get paid eventually, one way or another.

[blandino]

I definitely agree that you should still demand payment. She owed you a two week notice, so to me she owes you for 2 weeks even though the notice was not given. I would work on filling the spot, and demanding payment.

[tjones34]

Thanks looking into right now. Thanks everyone!!

[coolconfidentme]

I filed small claims on a DCM who owed $360. The judge asked her if it was worth the $96 filing fee & interest just to not to pay her daycare bill. It took everything I had not to smile.

[Unregistered]

I agree with the others, and advise you to also speak with licensing on this. In my state, if a parent who receives childcare assistance (I don't know if this mom does or not) does not pay her provider, she will be ineligible for services until she does. This is a tremendous help in collecting payment (we have to have parents sign in/out daily, so we always have proof with their signature on the contract AND sign in sheets).