Please Help Me With Wording Final Letter/Bill And Questions.

[melilley]

I have a few questions about how to word a notice for dcp's and also woiuld like advice on wwyd as far as giving notices.

If you didn't see my post last week, I had a dcf who was supposed to come on Monday Dec. 1st and mom called that afternoon to tell me they weren't coming back because of financial reasons. I told her that per contract, she needs to give a 2 week notice or pay. She asked if she could do a payment plan and I considered it, but wanted to talk to my dh first. Dcm said she would come the next day to pick up dcb's things and talk about payments. They never showed up until that Friday and the dcd said "thanks" and walked out the door and dcm was petting my dog and said hi to him and then said to me "sorry, it's been crazy" and walked out. I had a parent just leaving so I couldn't catch her to talk to her. She mentioned nothing about payments.

So I ended up sending her a certified letter stating what and when she has to make payments for the last 2 weeks, plus my late fee of $10.00 a day for late payments (including weekends). Plus the pages in my handbook that they signed the contract for, stating payment policies. They weren't home so a notice was left and the letter still hasn't been picked up!

I am going to send another certified letter/bill today stating what they owe for the two weeks, plus late fees. My question is, is they were contracted for Monday pay (all other families are Fri., but I was too nice and let them do Mondays) so would you end the late payment fees today or Sunday or Monday? Their first payment was due on the 1st.

Also, if they aren't home or don't pick up this second letter, what would you do? Send another letter (not certified) to their address or let it go? As far as I know, as long as you have proof you sent a certified letter, it will hold up in court, but I'm not 100% sure about that. I am definitely taking them to court if they don't pay. Is 30 days standard?

One final question. How would you word this last letter/bill? I'm having trouble making it sound professional.

Thank you to anyone who answers! I know this is long and there are a lot of questions, but I have never had to do this and I just can't think of what to write.

[therov]

Most states have websites for small claims court, specifying the steps that an individual must take in conjunction with a filing to make it stick. Since this seems like the route you're going, check out your locale's small claims information. Sometimes sending a demand letter with a proof of delivery is all that is needed for the court--a signature from the occupant may not be necessary (and since they know what your letter is about, they're not going to pick it up). Some places consider a conversation requesting payment is valid notice. And obviously the contract is binding.

Small claims court can be a huge hassle and even if the judgment goes for you, if the family can't pay, you've invested a lot to get the process to a non-conclusion. I'd suggest spending time putting together a strongly worded demand letter (California's small claims site has an online program that can help you write it) that conveys the most threatening tone possible.

Good luck.

[melilley]

Most states have websites for small claims court, specifying the steps that an individual must take in conjunction with a filing to make it stick. Since this seems like the route you're going, check out your locale's small claims information. Sometimes sending a demand letter with a proof of delivery is all that is needed for the court--a signature from the occupant may not be necessary (and since they know what your letter is about, they're not going to pick it up). Some places consider a conversation requesting payment is valid notice. And obviously the contract is binding.

Small claims court can be a huge hassle and even if the judgment goes for you, if the family can't pay, you've invested a lot to get the process to a non-conclusion. I'd suggest spending time putting together a strongly worded demand letter (California's small claims site has an online program that can help you write it) that conveys the most threatening tone possible.

Good luck.

Thank you, I didn't think of checking into what it would take to take them to court. I figured they would pick it up because dcm is waiting to hear something about a disability matter, but then again, I did send it that Friday.

I want to write a strong letter, but can't think of what to write to make it sound strong.