WWYD DCM Refusing to Pay?

[Unregistered]

First off this was my first daycare mom I enrolled 2 yrs ago tomorrow so before I found Daycare.com with all of the great advice.
I had in the contract to pay at the end of the week. I do not have anything listed as late fees or a 2 week notice required.

The child was out sick for several days, came back was running fever of 100.4 at lunch. I asked them to come get her. As soon as they got home started texting that she did not have a fever and could she come back the next day. I said no. They have done things like this in the past, I allowed it and always ended up making everyone else sick in the end. After the last time I sat the mother down and told her this would not happen again no excuses. She agreed. So she returned on Fri, everything fine dad said nothing when he dropped off. Then at 3 I get a text that MIL would be picking up at 3:30 and was her last day even got a check will be in the mail. She said nothing about my sick policy, but that her friend's daycare had an opening and she wanted her to go there.

After 7 days I texted her and asked if she had a chance to put a check in the mail yet? 3 days later I got a text stating she did not think she should have to pay since her kid was sent home and made to stay home even though she was not sick. (dad tried to drop off with 103.5 fever once and they argued she didn't have a fever then too)

I plan to send a letter with a copy of the contract where she signed and give 7 days for payment or we will go to small claims. My husband and I wanted to start out nice about things but, after she has changed stories, sent the MIL instead of sitting down and discussing things etc.

We just are not sure how to handle things anymore.Part of my problem with my plan of small claims is that my husband works for the same company she does. He has already discussed the situation with his supervisor just in case there ever is an issue.

Any words of wisdom out there?

[Michael]

Hopefully some providers will have some advice for you tomorrow. In the meantime please consider joining us and register.

[MamaBearCanada]

It would depend. You did the right thing, but actually collecting money will come down to what is in your contract regarding payment when the child is out. What does your contract say? Does it state they pays whether or not the child attends? Do you give any free days to parents, if so, under what conditions? Do you have anything about who will pay legal costs?

I understand fighting things for the principle of the situation but is the $ amount worth the time and effort you will have to put in? If so then send a copy of contract, emails, texts & a letter through registered post stating they have x days to pay then you will take it to small claims. Be prepared for a visit from licensing if these parents are the type to get nasty.

If not write it off then write up a new contract and update for all existing clients.

I suggest:
- prepaid weekly by enrollment not attendance
- 2 weeks paid notice
- firm sickness policy
- 3-5 paid sick/personal days for you
- parent pays legal fees if payment goes to collection
- late fees for late pickup
- late fees or no attendance if weekly payment hasn't been paid

Some other providers will probably have better advice for the collections part. Good luck! Hugs :hug:

[Unregistered]

I have had to "threaten" 2 different families that I will take them to small claims court if they didn't pay. Thankfully they both paid and I never had to go through the court. From some of my other friend providers they say it is a huge hassle and your contract needs to be air right with no loop holes. I have revised it every year to add things, change wording and so on. This January I completely re did it and took it to a lawyer to make sure there was nothing wrong with it and no loop holes. It costs a little bit but totally worth it.

As for her working with your husband. That really stinks! I have had a few of my husbands friends/co-workers ask to bring their children to me but I don't accept any friends (mine or husbands), co-workers, neighbors or family. Because unfortunately it can destroy relationships. Which has happened to me in the past. Good luck!

[coolconfidentme]

I send a 30 day notice & at 60 days the courts send a notice.

[EntropyControlSpecialist]

I would send a notice with a copy of the court papers filled out stating that these will be submitted should they refuse to submit payment by x date.

If you haven't already, please revise all other contracts and policies to ensure that you are paid before care is given (no pay, no stay) and discuss who will pay for legal costs should you have to go that route. Have all current families sign the new contracts and read through the new policies.

[MyAngels]

I would send a notice with a copy of the court papers filled out stating that these will be submitted should they refuse to submit payment by x date.

If you haven't already, please revise all other contracts and policies to ensure that you are paid before care is given (no pay, no stay) and discuss who will pay for legal costs should you have to go that route. Have all current families sign the new contracts and read through the new policies.

Filling out the small claims complaint and sending it with your demand letter (certified mail, return receipt requested) works well for getting payment without having to actually go to court. It shows them that you are fully prepared and not just bluffing.

Definitely take this as a learning experience and revise your contracts to include payment before service, a deposit, a two week notice requirement, and language to the effect that they are responsible for all collection costs, including attorneys fees, collection agency fees and court costs should the need arise.

Good luck!

[Maria2013]

First off this was my first daycare mom I enrolled 2 yrs ago tomorrow so before I found Daycare.com with all of the great advice.
I had in the contract to pay at the end of the week. I do not have anything listed as late fees or a 2 week notice required.

The child was out sick for several days, came back was running fever of 100.4 at lunch. I asked them to come get her. As soon as they got home started texting that she did not have a fever and could she come back the next day. I said no. They have done things like this in the past, I allowed it and always ended up making everyone else sick in the end. After the last time I sat the mother down and told her this would not happen again no excuses. She agreed. So she returned on Fri, everything fine dad said nothing when he dropped off. Then at 3 I get a text that MIL would be picking up at 3:30 and was her last day even got a check will be in the mail. She said nothing about my sick policy, but that her friend's daycare had an opening and she wanted her to go there.

After 7 days I texted her and asked if she had a chance to put a check in the mail yet? 3 days later I got a text stating she did not think she should have to pay since her kid was sent home and made to stay home even though she was not sick. (dad tried to drop off with 103.5 fever once and they argued she didn't have a fever then too)

I plan to send a letter with a copy of the contract where she signed and give 7 days for payment or we will go to small claims. My husband and I wanted to start out nice about things but, after she has changed stories, sent the MIL instead of sitting down and discussing things etc.

We just are not sure how to handle things anymore.Part of my problem with my plan of small claims is that my husband works for the same company she does. He has already discussed the situation with his supervisor just in case there ever is an issue.

Any words of wisdom out there?

sorry this is happening to you:hug:

I had one family leaving me saying the check will be in the mail, well it never came! The amount owed wasn't worth pressing charges so I took it as a lesson fee (payment in advance) and moved on

[cheerfuldom]

so you dont require any notice be given if a family leave? do you require payment be made on days when a child is sick?

so how much does this mom actually owe you?

from the sounds of it, she owes for four days?

[Unregistered]

Thank you for the thoughts and advice. I rcvd payment in the mail yesterday. Yes I have updated my policies. I originally had they would pay absent or not. I think she was just mad because I wouldn't let her take advantage anymore.

Has been a wonderful 2 weeks since the DKG has been gone. I have been able to actually do things with the other children and not have to spend half the day disciplining her. Plus I have been able to fill the spot and have interview another family for the 4th spot that has been open for months.

[Patches]

Thank you for the thoughts and advice. I rcvd payment in the mail yesterday. Yes I have updated my policies. I originally had they would pay absent or not. I think she was just mad because I wouldn't let her take advantage anymore.

Has been a wonderful 2 weeks since the DKG has been gone. I have been able to actually do things with the other children and not have to spend half the day disciplining her. Plus I have been able to fill the spot and have interview another family for the 4th spot that has been open for months.

happyface