Quick Response if you can please

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • Unregistered

    Quick Response if you can please

    I am the provider who is in the middle of a disrespectful term by a parent who does not want to abide by contract terms. Was planning to keep dck through next week, but now I have a diff idea that I want to run by experienced people.
    Give dcf an invoice this morning for the amount due. (I don't usually invoice.) It was due a week ago, but I extended that to today, to try to keep peace. They have told me they do not intend to pay.
    If they do not pay by the end of the extended day (also gave them a discounted rate) then term them for non-payment? I don't have non-payment clause in my stuff because this doesn't ever happen to me. Ha ha, right? I know. I do have a late fee, but nothing that says I will term care for non-payment.
    Yes? No?
    Please and thank you
  • Unregistered

    #2
    What I mean is to not allow care next week which would have been dcks last week here, because of non-payment of fees due per my contract.

    Comment

    • sahm1225
      Advanced Daycare.com Member
      • Jun 2010
      • 2060

      #3
      Do your parents prepay or pay after care is provided?

      Even if it's not on your contract to term for non payment, them just telling you that they don't intend to pay can be considered disrespect (what reasons do you have on your contract to term)?

      Comment

      • Childminder
        Advanced Daycare.com Member
        • Oct 2009
        • 1500

        #4
        personally i would greet them at the door and tell them unless they have the fees in hand they may not leave the child. Why would you watch their child without being paid? It is called theft of services.
        I see little people.

        Comment

        • Play Care
          Daycare.com Member
          • Dec 2012
          • 6642

          #5
          Wait, they are past due on their child care tuition and have told you they won't pay it?

          WHY are you still providing care?! WHY are you trying to keep the peace with a family who is essentially telling you to go to heck? There is NO "peace."

          You don't want to pay? GET OUT.

          Comment

          • countrymom
            Daycare.com Member
            • Aug 2010
            • 4874

            #6
            yup, I go by the "no pay no play" and you should too. Look at it this way, do you think they go to work and work for free, well its the same way with you.

            Comment

            • Unregistered

              #7
              Thanks. What I'm asking is: Do I need to have this in my contract in order to carry it out?
              It's not actually for care - the care is paid for, assuming their last check is good.
              But they are not paying out the term of the contract, and refuse to do so - it's in effect "notice" but my contract calls it a cancellation fee.

              Comment

              • NightOwl
                Advanced Daycare.com Member
                • Mar 2014
                • 2722

                #8
                So they've paid for this week and next, correct? The amount in question is the cancelation fee?

                Comment

                • NightOwl
                  Advanced Daycare.com Member
                  • Mar 2014
                  • 2722

                  #9
                  If that's the case, I would say term today, and tell them that since they refuse payment for the cancelation fees that they agreed to pay per your contact, then you will apply next week's fees toward their cancelation fee and see them in court for the remainder.

                  Comment

                  • sahm1225
                    Advanced Daycare.com Member
                    • Jun 2010
                    • 2060

                    #10
                    Originally posted by Wednesday
                    If that's the case, I would say term today, and tell them that since they refuse payment for the cancelation fees that they agreed to pay per your contact, then you will apply next week's fees toward their cancelation fee and see them in court for the remainder.
                    This

                    Comment

                    • spinnymarie
                      mac n peas
                      • May 2013
                      • 890

                      #11
                      Originally posted by Wednesday
                      If that's the case, I would say term today, and tell them that since they refuse payment for the cancelation fees that they agreed to pay per your contact, then you will apply next week's fees toward their cancelation fee and see them in court for the remainder.
                      YES. No reason to have this specifically in your contract as long as they have said they refuse to pay cancellation fee.

                      Comment

                      • craftymissbeth
                        Legally Unlicensed
                        • May 2012
                        • 2385

                        #12
                        If they're paid up for care except for the cancellation fee then I'd continue taking their child and then pursue the cancelation fee in court, if necessary. Maybe I'm just not understanding the situation correctly. The way I'm reading it is they're paid up for their last weeks of actual child care, but refuse to pay a cancellation fee. How much is the fee? In what circumstances are parents charged the fee?

                        Comment

                        • CraftyMom
                          Daycare.com Member
                          • Jan 2014
                          • 2285

                          #13
                          Originally posted by Wednesday
                          If that's the case, I would say term today, and tell them that since they refuse payment for the cancelation fees that they agreed to pay per your contact, then you will apply next week's fees toward their cancelation fee and see them in court for the remainder.
                          I agree with this.

                          They are up to date but are still refusing to carry out the contract so I would refuse to carry out any further care.

                          If it's in your contract it will hold in court. Do you have texts or emails of them refusing?

                          Comment

                          • Leigh
                            Daycare.com Member
                            • Apr 2013
                            • 3814

                            #14
                            Originally posted by Unregistered
                            Thanks. What I'm asking is: Do I need to have this in my contract in order to carry it out?
                            It's not actually for care - the care is paid for, assuming their last check is good.
                            But they are not paying out the term of the contract, and refuse to do so - it's in effect "notice" but my contract calls it a cancellation fee.
                            It should be implied that someone who does not pay for services would be termed. There is no court that would expect you to work for free. Figure in your cancellation fee and the amount paid for hours. As soon as the payment they have made runs out (their cancellation fee is paid and the amount of hours paid for are up), stop providing care without cash on drop off daily.

                            Comment

                            • Unregistered

                              #15
                              Originally posted by CraftyMom
                              I agree with this.

                              They are up to date but are still refusing to carry out the contract so I would refuse to carry out any further care.

                              If it's in your contract it will hold in court. Do you have texts or emails of them refusing?
                              Yes. They are saying that I termed them, therefore they owe nothing. They think they are sound legally, and they have enough money that they probably ran it through a lawyer who may very well have told them to just not pay, and then I have to take action, kwim?
                              But I did not wish to end this contract early, they did. And I so do not want to keep on fighting. I will probably let the whole cancel fee go because I just want to be done with it/them.
                              So the only way to not totally let them have their way is to refuse care for next week. But I don't know if I am legally proper in doing this because I don't have a clause in my contract about it.
                              So is it just assumed that I can refuse care because they owe me money, or does it have to be in my contract?

                              Comment

                              Working...