Letter Requesting Payment

[cillybean83]

I've posted before about the crazy parent who pulled her kid from daycare because I asked to be paid. I sent her a certified letter requesting payment, which she hasn't responded to, so I'm sending a letter to her more level headed husband to see if that works, before proceeding to small claims court. Here is the letter, please tell me what you think!

***,
I am writing to inform you that you and ****** have a current balance of $340, including late fees, that needs to be paid immediately in order to avoid going to small claims court. ****** is well aware of this balance, she has been notified many times of how much the balance increases daily due to late fees, she was sent a copy of the contract that she signed, a handbook detailing how fees accrue and the cost of terminating service without notice, she signed for the package containing all this information on December 22, 2010 and has yet to attempt to pay her debt.

I am well aware that she prepaid $650 in early October, and that she still had a balance of $250 when she terminated care for ******. That $250 has been subtracted from the total due, $240 was the balance due after the $250 was applied to the daycare account. The balance has gone up $100 so far due to nonpayment, and it will continue to increase by $5 per day until the account is settled.

The balance that you owe includes a full week of care that was never paid for, plus the day ****** came to daycare the week she was pulled, plus the cost of terminating services, and then late fees. Please refer to the handbook that was mailed to you, it lists all fees in detail.

I would appreciate your prompt attention to this matter. You can drop off cash, mail a money order, how you choose to handle the matter is up to you, please remember to include late fees up through the day you make you payment. I'm sure we can both agree that we would like to keep this matter from going to court, but that is the next step if payment is not made in full. If I am forced to take you to court over this, I will be including court costs, and other damages in the suit, which will substantially increase the amount due.

[SilverSabre25]

On the whole, I think it's good. I'm quoting it below and bolding the edits I think need to be made (grammatical stuff, mostly). What's in red needs removed.

***,
I am writing to inform you that as of [date you mail it] you and ****** have a current balance of $340, including late fees, that needs to be paid immediately in order to avoid going to small claims court.

****** is well aware of this balance. She has been notified many times of how much the balance increases daily due to late fees. I sent via certified mail a copy of the contract that she signed, and a handbook detailing how fees accrue and the cost of terminating service without notice. She signed for the package containing all this information on December 22, 2010 and has yet to attempt to pay her debt.

I am well aware that she prepaid $650 in early October, and that she still had a balance of $250 when she terminated care for ******. That $250 has been subtracted from the total due, leaving a balance of $240 was the balance due after the $250 was applied to the daycare account. The balance has gone up $100 so far due to nonpayment, and it will continue to increase by $5 per day until the account is settled.

The balance that you owe includes a full week of care that was never paid for, plus the day ****** came to daycare the week she was pulled, plus the cost of terminating services, and then late fees. Please refer to the handbook that was mailed to you, it lists all fees in detail. <---I'm iffy about this part, whether it should be left or not

I would appreciate your prompt attention to this matter. You can drop off cash, mail a money order, I will accept cash or a money order. How you choose to handle the matter is up to you, Please remember to include late fees up through the day you make you payment.

I'm sure we can both agree that we would like to keep this matter from going to court, but that is the next step if payment is not made in full by [give him a specific date]. If I am forced to take you to court over this, I will be including court costs, and other damages in the suit, which will substantially increase the amount due.

[JeepGirl6]

I have the same situation with a family right now. They received the certified Letter/Bill December 20th and have not paid so I will be going to file small claims this week. I also have stated in my contract that their is a $10.00 late fee everyday without payment so she is already up to $354.00 with late fees, bank cancellation fee and what she owed me for my child care services. I talked to the court office last week and they said it will take 4 weeks to get a court appearance so the parents will also have the $10.00 a day added until then... I didn't think it would come to taking them to court but they won't pay me so I guess this is what I have to do

[cillybean83]

thanks for the help! i appreciate it!

I didn't think it would come down to this either, but it is what it is, the stupid thing is, I have a signed contract, so the court is going to side with me, even the clerk who answered the phone when I called the court house said it's open and shut, and judges dont like wasting their time on stuff like it because it's so painfully obvious that if you sign a contract, you have to abide by it, but some people like to be difficult.

[MyAngels]

Personally, I would also include a copy of the small claims complaint that you intend to file. You can normally get a copy from the courthouse or on their website - just a fill-in-the-blanks form. It shows that you're not kidding about going to court.

[grandmom]

I have a similiar issue.

Do you guys have ANY concern that they will follow your claim with a complaint to your state licensing agency?

I'm on the edge of filing, and just don't want to deal with a bogus complaint. I know that's silly. I shouldn't live in fear of some dud who walked out.

[marniewon]

Any time you have to threaten to take someone to court for nonpayment you should EXPECT a complaint and visit from licensing. It's easy enough to do and free for the parents to do it, and if they are vindictive enough, they will call.

[cillybean83]

yup, this tool has already contacted the state, and put all over craigslist not to use my daycare, she did take those ads down tho, i'm assuming someone told her it crossed the line into defamation of character or something of the sort

i wouldn't worry about it, all I know is I'm gonna get paid one way or the other! I don't make enough money as it is, I sure can't afford to get stiffed!

[kendallina]

I have never been in this situation, but I like to offer advice anyways, cuz that's how I roll....

I personally would keep it very short, very business-like and state a date by which you need to receive payment (like, 3-4 days after they'll receive the letter) and that if payment is not received it will go to collections the next day. I personally am not sure that they are going to take you seriously if you already sent a certified letter to mom and instead of sending it right to collections you send a letter to dad. I don't think they will believe you. I would also not let them see your emotions in the letter. Maybe if it just stated the facts...

Dear Mr. and Mrs. *Whoever*:

Your account is showing a balance of $340, which was due on *whatever date*. If payment is not received by *whatever date* I am prepared to file this matter with small claims court on *day after when it's due*. Court costs will be included in this lawsuit.

Sincerely,
*me*

I don't know, that's just me personally...and like I said, I don't know much about this...

[Abigail]

Cillybean83: Did you give the mom a "must pay by this date or it will be turned over to small claims" warning or just ask for the money? Are the parents divorced? Whoever signed the contract stating they would pay should be the one getting the letter. I wouldn't send a second letter unless you never gave a specific date. Remember late fees cannot go on forever and the court will only offer what is reasonable. This child obviously doesn't attend your daycare anymore and you are probably trying to fill the opening if you have not done so already. If you filled the opening, I would not find it appropriate to be charging late fees. How long should late fees take place if a parent walks? I'm wondering how many days I should put up with a client not showing/not paying....just a few days?

[cillybean83]

I'm trying to fill the spot, so far no such luck. According to the court, the late fees continue until I'm paid. I told them I'm filing on 1/24, which is 30 days after they received the first notice, which is more than fair. When I file on the 24th, if I'm given a court date of March 3rd or some other day that is far out, I can collect late fees up to the day we appear in court, because that's how long I've gone without being paid for services rendered.

The only reason why I was going to send the letter to the dad is because he doesn't seem to be a nut job like his wife is, and she probably hasn't even told him whats going on anyway. I'm 90% sure he would just pay and it would be done.