I Went to Court Yesterday...

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  • coolconfidentme
    Daycare.com Member
    • Oct 2012
    • 1541

    I Went to Court Yesterday...

    ...with a DCM who was forever late & constantly broke policy, she always had a pocket for of excuses. I was wrong for letting her slide so much. To my defense, this was during my learning cure & policy enforcement. The case had been continued for various reasons, one being she wanted a bench trial. :confused:

    Well, she parade a bunch of witnesses to no avail. Most never have met me or been to my DC. She said I never told her she owed me late fees or diaper fees. I entered into evidence EVERY time I texted her with behavior issue with DCB3 & her being out of diapers for DCB1. I cited policy in some texts of cost for being late/diapers. (I printed them out.) I also enter into evidence her sign in/out sheets with checkinkids.com & added up EVERY time she was late. I was well documented with the contract & policy she signed. I had her payment record as well as a spreadsheet with contractual cost; late fees, diapers fees, wipe fees, etc.

    I WON A DOLLAR FOR EVERY MINUTE SHE WAS LATE & EVERY DIAPER I SUPPLIED!!!! I also won the last two weeks she didn't bring her children. I got everything I asked for, BAM!! happyface happyface She cried as the judge hit the gavel with his judgment. It took every muscle in my body not to laugh out loud.

    Moral to the story: Document everything. Don't tell a parent, text them!
  • daycarediva
    Daycare.com Member
    • Jul 2012
    • 11698

    #2


    C-Y-A! Great job!!!

    I either text, email or have them sign a statement.

    Comment

    • Laurel
      Daycare.com Member
      • Mar 2013
      • 3218

      #3
      Good for you!

      Laurel

      Comment

      • taylorw1210
        Daycare.com Member
        • Jan 2014
        • 487

        #4
        Good for you! I hope it's a lesson well learned on her part.

        Comment

        • Heidi
          Daycare.com Member
          • Sep 2011
          • 7121

          #5
          A victory for all of us who've been taken advantage of! Good job!:hug:

          Comment

          • Naptime yet?
            Daycare.com Member
            • Dec 2013
            • 443

            #6
            Congratulations to you! Funny how some parents think we're not actually running a business & a judge will err on the side of "poor me" & then are shocked when the judgment is against them.

            Comment

            • EntropyControlSpecialist
              Embracing the chaos.
              • Mar 2012
              • 7466

              #7
              I am NOT a fan of court theatrics. The crying would have had me rolling my eyes. Give me a break. You are giving your DCP what she was OWED.

              Good for you! Glad you got what you needed and deserved in your business.

              Comment

              • CraftyMom
                Daycare.com Member
                • Jan 2014
                • 2285

                #8
                happyface

                Comment

                • coolconfidentme
                  Daycare.com Member
                  • Oct 2012
                  • 1541

                  #9
                  I think the kicker was, she told the judge some people have to work for a living..., I just take people to court for a paycheck. He replied, "When people like you don't pay, she is forced to come here to get her paycheck she has already earned."

                  Comment

                  • CraftyMom
                    Daycare.com Member
                    • Jan 2014
                    • 2285

                    #10
                    If you don't mind me asking, what is next as far as payment? I recently won a small claims case with dcp's. We have to go back for a payment hearing where they'll discuss options for paying. This hearing is 2 months after I won the case and it has been 10 months since they left and owe me the money. Just wondering how long they will be allowed to drag it out? I want it paid in full, not dragged out in payments.

                    Is this how it works where you are?

                    Comment

                    • Blackcat31
                      • Oct 2010
                      • 36124

                      #11
                      Originally posted by coolconfidentme
                      ...with a DCM who was forever late & constantly broke policy, she always had a pocket for of excuses. I was wrong for letting her slide so much. To my defense, this was during my learning cure & policy enforcement. The case had been continued for various reasons, one being she wanted a bench trial. :confused:

                      Well, she parade a bunch of witnesses to no avail. Most never have met me or been to my DC. She said I never told her she owed me late fees or diaper fees. I entered into evidence EVERY time I texted her with behavior issue with DCB3 & her being out of diapers for DCB1. I cited policy in some texts of cost for being late/diapers. (I printed them out.) I also enter into evidence her sign in/out sheets with checkinkids.com & added up EVERY time she was late. I was well documented with the contract & policy she signed. I had her payment record as well as a spreadsheet with contractual cost; late fees, diapers fees, wipe fees, etc.

                      I WON A DOLLAR FOR EVERY MINUTE SHE WAS LATE & EVERY DIAPER I SUPPLIED!!!! I also won the last two weeks she didn't bring her children. I got everything I asked for, BAM!! happyface happyface She cried as the judge hit the gavel with his judgment. It took every muscle in my body not to laugh out loud.

                      Moral to the story: Document everything. Don't tell a parent, text them!
                      I am glad you got the money she owed.

                      Hoping you changed some of your policies now so you can avoid this type of situation in the future.... Going to court is never fun or pleasant. Even if you are the victor it is still sad that things ended up that way.

                      Hopefully, your court system has a good method of making sure the debtor pays their debt in a timely manner so you don't have to wait even longer for money you are owed.

                      Comment

                      • Second Home
                        Daycare.com Member
                        • Jan 2014
                        • 1567

                        #12

                        Comment

                        • cheerfuldom
                          Advanced Daycare.com Member
                          • Dec 2010
                          • 7413

                          #13
                          I cannot believe this woman! Seriously, I shocked at how self absorbed and immature she is, wow, shocked. Well it sounds like you learned a lot too. Never let them get that behind in fees. Be firm from day one and do not allow families to continue pick at and attack your policies. Turn kids away from the door if need be. Its a shame we all have to be so "mean" but nice ends with you being screwed or in court.

                          So glad you won!!!!

                          Comment

                          • coolconfidentme
                            Daycare.com Member
                            • Oct 2012
                            • 1541

                            #14
                            Originally posted by CraftyMom
                            If you don't mind me asking, what is next as far as payment? I recently won a small claims case with dcp's. We have to go back for a payment hearing where they'll discuss options for paying. This hearing is 2 months after I won the case and it has been 10 months since they left and owe me the money. Just wondering how long they will be allowed to drag it out? I want it paid in full, not dragged out in payments.

                            Is this how it works where you are?
                            This depends on the state & county you live in. I live in Indiana. The judge will immediately ask them what they are willing to pay per month. If it is ridiculously low I decline & tell the court I will tell the judge I will start garnishment proceedings per the Indiana Code. I filled out the forms & we all must come back for it. I always make sure to ask the court to make it a part of the ruling the defendant must keeping her address, phone number & employment current with the courts. At that point if they don't, they can be arrested for violating a court order. Our state law outlines how much I can have garnished, it can be as much as 25% of there wages. If the defendant rattles off the bills they owe, I remind the courts this is a bill they owe as well & it should NOT come behind a cable or cell phone bill. I can also put a lean on real estate, cars, jewelry, etc. Every time I return to court they are charged with court fees. Interest on the amount begins the moment the judgment is given.

                            I own rental property & unfortunately well versed in our court proceedings. I hope this helps...

                            Comment

                            • coolconfidentme
                              Daycare.com Member
                              • Oct 2012
                              • 1541

                              #15
                              Originally posted by Blackcat31
                              I am glad you got the money she owed.

                              Hoping you changed some of your policies now so you can avoid this type of situation in the future.... Going to court is never fun or pleasant. Even if you are the victor it is still sad that things ended up that way.

                              Hopefully, your court system has a good method of making sure the debtor pays their debt in a timely manner so you don't have to wait even longer for money you are owed.
                              I learned from you Blackcat..., If I don't follow my policies, why should they? Thank you for that lesson, it's is very valuable!!! lovethis

                              Comment

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