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Do any home providers have any advice on small claims court? I have a case coming up in March and could use some insight. This is a first, and hopefully last! I don't know why I'm so nervous! Probably because I HATE confrontation so much! If anyone has advice PM is probably best. Thanks!
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Small Claims
I just wanted to share my story about small claims...it was about three years ago and I stupidly let a parent get WAY behind on payments. She was a former co-worker, and I was very inexperienced at the time, so I thought she was my friend. Anyway, I was a WRECK! Even though she was horrible to me, and she called the state and reported me for many lies (all absolved by my wonderful state surveyor), and she tried to ruin my reputation all over the small town in which we lived...I still felt bad. Still can't explain why.
My stomach was absolutely in knots when we were both sitting on the same bench waiting to be asked into the judge's chambers. I tried so hard to look cool and confident, but I felt SICK. When we were finally ushered into the office, the judge (who was an elderly gentleman) read the claim papers and said to the DCM "What's all this nonsense about not paying for your kid's daycare? Did you expect her to do it for free??"
I swear, I almost giggled with relief. He was totally on my side, and we were able to reach a solution through mediation instead of having to be sworn in and testify. We agreed to a payment plan, he signed off on it, and then excused her. He then told me "She's going to stop paying you. I don't know if it will be a month or five months, but it will happen. The minute she is ONE day late, you come see me and we'll garnish her wages."
He gave me tons of confidence that I was in the right, and she was in the wrong. Also, she was late on the SECOND month, so I filed for collections. That guy really had a lot of experience!!
I have since then switched to a pre-paid plan. I figure if cell phone companies can do it, so can I. Parents are allowed to pre-pay a week or a month, doesn't matter. When you're out of credits, you're out of daycare. Works like a charm, and no more annoying late fees. If you don't pay, you don't leave your child.
Good luck to you with your case! Even if the DC parent(s) bring drama, I'm guessing most judges have seen a million just like them and can cut through the BS just like in my case. -
Thanks for sharing! I had similar drama, they reported me to the state. I have a pre-pay but I do not take a deposit for the last two weeks. They stiffed me on the last week. I think I'll get that at least, but there were also late fees which I'm not sure Ill get. This is for two children so everything is double. What I'm worried about is the wording of my contract. I have since reworded it to make it stronger. The mom suggested to me that she found a loop hole. I'm not sure what it is so that worries me. Ugh I hate this!Comment
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I'm glad to hear the judge saw through them! It makes me hopeful! It's really not about the money. Well yes and no. I just don't want them to have the satisfaction of winning! They gave me a ton of trouble in the end and I want them to get what they deserve!Comment
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I own rental properties & have been to court many times. My heart still pounds outta my chest every times. It's human nature. I had 3 last month & two were for last two weeks DC fees. We solved them ALL in the hallway. My only advice to you is to come in well documents. Contract, policy, etc. I even come with printed texting that may pertain to the case. (I print 9 to a page) My county requires 3 copies of everything. One for the judge, one for the defendant & one for me. Good luck!!!Comment
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Have everything well documented, bring copies (not originals). State facts only and then keep your mouth shut. I find the contracts speak for themselves. Late fees are iffy, sometimes they give them until the date they pay, sometimes they do two weeks (or whatever your notice period is).
Best of luck to you! Only ONE dcp has ever requested a copy of their contract, and it was for her own court case (custody/family court). Most of them have no idea what it even says. I don't think most of them even read it.
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You are right, most don't read it. I termed one parent & she texted me as soon as she read it. She said, "I'm not paying you CRAP." I attached that text to the term notice that I handed to the judge,
Have everything well documented, bring copies (not originals). State facts only and then keep your mouth shut. I find the contracts speak for themselves. Late fees are iffy, sometimes they give them until the date they pay, sometimes they do two weeks (or whatever your notice period is).
Best of luck to you! Only ONE dcp has ever requested a copy of their contract, and it was for her own court case (custody/family court). Most of them have no idea what it even says. I don't think most of them even read it.
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You are right..., less is best! Speak the facts. I always act the defendant, "Did you sign a contract agreeing to these fees?" If they say yes.., BAM! If they say no, I hand them a copy of the contract & ask them if that is their signature..., BAM!Comment
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Thank you for the advice! Had court today, my first and hopefully last! I did my best. I brought copies, printed texts and stated facts. I had to keep reminding myself to keep my mouth shut! Spoke out of line a couple times and got reprimanded, I thought it was my turn to speak I guess not. Overall I feel I was prepared, just don't want to do it again any time soon!!!::
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Did they rule in your favor??Comment
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I don't know the outcome yet. The defendants opted for a trial instead of mediation. I guess I will get a letter in the mail with the verdict after all the evidence is reviewed.
I'm sure I'll get the one week they owe me of their 2 week notice. Probably not the late fees which is fine.
I'm just glad it's OVER!!!Comment
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Wow! That stinks!!
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wow, look at it this way, she will probably have to pay you the last week plus her court cost so how is saving money again????Comment
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Best of luck to you! My only suggestion is document EVERYTHING! Every letter sent, every phone call made, don't miss a thing. Documents and contracts, as someone else said, will speak for themselves. I have only had one parent that I have needed to stalk and thankfully with the second attempt and threatening small claims, they paid one day before I was headed out the door to file. Whew. you are not alone, no one enjoys going to court...teeth chatter, stomach ache...headache...yuck.
Edit: I just realized that I didn't read all the way to the bottom before responding, so I am too late. I believe you that at least it is OVER. Sometimes that's all we can hope for!Comment
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So I received notice in the mail today that I won this case! Woo hoo! Well partially, I didn't get the late fees but didn't expect to.
Now I have to go back in a month for a payment hearing. Is all this the normal procedure?
And the defendants can appeal within 10 days, so it isn't over just yetComment
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