How Long Would You Wait Before Sending To Collections?

[daycarediva]

I wouldn't respond. She is using scare tactics. If she did not tell you that her DD is allergic and she is claiming she did, the burden of proof is on her to show that she did.

Also, where was the communication? She has a responsibility to communicate with you and not act childishly (like just cancelling the check).

I would file with small claims court (not collections). Most states do not allow you to bring an attorney to small claims. You can consult with one though.

I would just ignore her words and file with the courts....

As a petitioner, you only have to prove she agreed to pay you (which she did in text) and that she signed the contract (which she did).

You don't have to explain anything else and any claims she makes toward you need to be proved by her NOT defended by you. Make sense?

Hang in there...she is just a pissed off mama and is trying to get her way.

Thank you, that helps make me feel better. I double checked her paper work and she listed nothing under allergies. All of the documentation is on my side.

There ya go!

I would not respond, but would send a certified letter stating amount owed, due date and a copy of her signed contract with the allergy section, payment section, late fee section, etc and her signature agreeing to it all highlighted.

She has NO claim. Honestly, if you wanted to be a giant 'B' back. I would charge her for the two week termination period + late fees + bounced check fees + court fees. I always try to be nice, but if they play games, then I play hard ball.

[CedarCreek]

Oh and if you are licensed or certified, let your licensor know right away of the situation.

This mom will more than likely report you for all of this.

I just called her. She said as long as I have the documents where she did not mention an allergy, I'll be fine.

[CedarCreek]

There ya go!

I would not respond, but would send a certified letter stating amount owed, due date and a copy of her signed contract with the allergy section, payment section, late fee section, etc and her signature agreeing to it all highlighted.

She has NO claim. Honestly, if you wanted to be a giant 'B' back. I would charge her for the two week termination period + late fees + bounced check fees + court fees. I always try to be nice, but if they play games, then I play hard ball.

That's good, I might send her all of her signed papers!

I just can't believe she got all nasty over 72 dollars.

[Leigh]

There ya go!

I would not respond, but would send a certified letter stating amount owed, due date and a copy of her signed contract with the allergy section, payment section, late fee section, etc and her signature agreeing to it all highlighted.

She has NO claim. Honestly, if you wanted to be a giant 'B' back. I would charge her for the two week termination period + late fees + bounced check fees + court fees. I always try to be nice, but if they play games, then I play hard ball.

I agree. Charge her for everything your contract (that she signed and agreed to) allows you to. You WILL win in court (plus court costs) if she didn't list the allergies, acknowledged the pets in your home, agreed to the terms of the contract, and send you written agreement that she would pay (and, honestly, the check she wrote and then stopped payment on is enough to prove a promise to pay). And, I don't think it's "bitchy" to charge for what was agreed to by BOTH of you-it's just good business to follow your policies (and what good are policies that are not enforced?).

[countrymom]

i can't believe that this women is going to fight you over 70 dollars, what a moron. I think I would add all sorts of other fees to make my court appearance worth while.

[daycarediva]

yep, that's pretty crazy. Most people would be willing to write you a different check and get the other returned, or wait for a refund of such a small amount. I have NO REFUNDS plastered all over my contract and handbook, and I have only ever offered ONE and I regretted it. WILL NOT happen again.

[DaycareMomma]

Wow! She is really trying to use scare tactics. The witchy side of me would text her back and be like "Oh no, since you talked to your lawyer mommy and doctor daddy and they said I'd have no case, I changed my mind and you don't have to pay anything!"

BUT since I'm more rational than that...most of the time.... I'd continue radio silence and just file with the courts.

[itlw8]

this is different than late payment it is like writing a check that bounces except it is worse because she stopped payment. Not sure but I think it is like writing a check where they know they have no funds. You can be arrested for writing bad checks I think.

This would be interesting to ask Tom

[CedarCreek]

this is different than late payment it is like writing a check that bounces except it is worse because she stopped payment. Not sure but I think it is like writing a check where they know they have no funds. You can be arrested for writing bad checks I think.

This would be interesting to ask Tom

Oh I'd like to see what he would have to say about the check.

[countrymom]

never thought of looking it like that.

[MyAngels]

In addition to the good advice above, I would also call your State's Attorneys office and ask them whether stopping payment in this situation constitutes writing a bad check. Around here it is, and it's subject to criminal prosecution. If that's not an option, when you send the final demand letter (via certified mail) also include a copy of the small claims complaint filled out and ready to go.

Whether small claims allows attorneys varies by jurisdiction, but if she responds via her mommy to your small claims complaint be sure to retain your own attorney as well. You should be able to get attorneys fees in addition to any other amounts due you. There is no conflict of interest there, btw, unless you have dealt on a legal matter with her mother.

If it gets to the point where you get a judgment against her and she still won't pay and you need ideas for collecting the amount post back here for ideas.

[CedarCreek]

Okay, so would you guys agree with sending a certified letter tomorrow requesting payment by a certain date and then if that gets no response file in small claims? Or just go straight to small claims? I'm not finding anything about the consequences of the cancelled check here in Texas.

[Blackcat31]

Okay, so would you guys agree with sending a certified letter tomorrow requesting payment by a certain date and then if that gets no response file in small claims? Or just go straight to small claims? I'm not finding anything about the consequences of the cancelled check here in Texas.

Personally, I'd request the payment IN FULL via a cashiers check or money order by xx date...sent by certified mail.

Most courts want to see that the payee has exhausted ALL of their avenues for collection BEFORE using the courts valuable time.

Doesn't mean you have to give her 30 days...you only have to set a date you want payment and then when it passes, you can file.

[MyAngels]

If it were me, I'd send a certified letter detailing the amounts owed with a very short response time. Three to five days from when you expect it to be delivered is plenty of time. I'd send the same letter via regular mail since there's a good chance she'll refuse delivery anyway. Along with the letter I'd send a copy of the small claims complaint and summons all filled out and ready to go. If you don't get payment on the final date you've given I'd file the small claims complaint the next day.

[countrymom]

yes make sure its certified mail. this way if you need to go to court the judge will see that you tried, I think I would send it twice within a week of each other and then send her to court.