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Okay, I have an ex dcp that owes me a meesly $65.... Pulled kiddo brew hung contract of two week notice... Plus$10/day late/nonpayment..... Now actual word is almost $500..... Per my states small claims you can "sue" for $5k per calendar year.... This is my first issue with this... Have you ever had this and what's happened?
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I have not sued for daycare funds. I suggest writing a formal, crystal clear letter demanding immediate payment of amount owed, late fees, and notice amount owed by X date or "further measures will be taken". Highlight that you have a signed contract where parents agreed to these payments and fees. Send certified mail with delivery confirmation. That will get the attention of almost all daycare parents. -
I had to sue a parent once.
Unfortunately for her, she had to pay several MONTHS worth of LF's, my 2 week notice period and the care I had done for her.
In addition, somehow, she let it slip she was on CC subsidy.
She hadn't paid me anything and was using the subsidy for other things.
She also lied about working.
So the trial led to a lot worse for her and she was cited with welfare fraud and placed in jail and kids in FC. While I was sorry to see the kids go to FC, it was her OWN fault. She lied to everyone and finally it caught up with her
Moral of the story? Don't mess with your providers!Comment
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Sometimes a judge will grant weeks of late fees and sometimes they only grant 2 weeks worth. It depends on your state and the judge you get. I think the way that a lot of courts feel is that if you are owed money you also have a certain responsibility when it comes to collecting your money. For example if you send one reminder then wait a month or two and get nothing then go file in small claims court for the original fees plus late fees up to that point you may be less likely to have it granted than if you were actively trying to contact them by calling, texting, emailing and mailing them notices. Especially if you have responses where the ex client says they will pay but just never do.
I have heard also in some cases where I live (CA) and in other states that some judges may not grant the full two-week notice period if you fill the spot before the 2 weeks is up. It's kind of like if you were to rent a room out with a 1 year contract and the tenant breaks their lease 6 months early but you find another tenant 3 months later ... then your ex-tenant is only responsible for paying the first 3 months worth of rent after they moved out until the point where you get a new tenant moved in.
In any case it's always worth a try to get what your contract says. I would send an invoice via certified mail (keep a copy for yourself) with an itemized list of the daycare fees owed, added late payment fees, 2 week term period (if in your contract) etc. Give them a reasonable amount of time to pay it like 1 or 2 weeks and maybe even offer to waive some of the fees if they pay it by the deadline (like charging them 2 weeks of late fees instead of 4 weeks or maybe none at all etc.). Add in the notice that if the offered amount is not paid in full on the deadline that you will be filing in small claims court for the full amount (not the discounted amount) and reporting the debt to the credit reporting agencies. Then do it. File for everything you said in your letter plus attorney and filing fees etc. The point is so that you are paid back what you lost out on.
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OMG
I did not realize all of the auto corrects while typing this on my phone! I am so sorry
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