Should i sue them ?

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  • Unregistered

    Should i sue them ?

    About two months ago i took in a family of two girls . They contracted full time hours in my daycare. About a month ago , they stop coming . Here is the scenario
    Monday morning they didnt come to daycare, I called them up about 8 to see if hey were just running late or if hey were out for the day . The mother picked up and said the younger one was sick so they will be out for at least the day but she will come me back in anything happened .Tuesday morning i called ,no answer then she called later during the day saying that she is got an ear infection and that they will be out again until it clears up . Wednesday no show. thursday no show i called them and she said the little girl as doing better and that they will come on Monday . Come Monday they didnt come . I called , no answer then she called me back on Tuesday saying ho sick the younger girl is and that she needed surgery and blah blah , bunch of stories that didnt sound true . From ear infection , she went to teeth infection then to surgery . I told them i am sorry to hear that . We came o the conclusion that she will pay me anyways and she agreed . Since then her phone number is disconnected . I called her husband and he said same blah blah. But that they ill come to pay . It is been 2 weeks i cant get a hold of neither of them . I am thinking about taking them to court cause my contract states clearly that they have to pay even if their child is sick and that i need 2 weeks notice before they leave my daycare.I also have a late fee of 5 h per day for any outstanding balance owe to me . They read all of the contract and we both signed it .

    Do you think i have a case? i think i am correct but this is my first time ever having to deal with this .
  • GretasLittleFriends
    Daycare.com Member
    • Feb 2009
    • 934

    #2
    Though the teeth and ears and jaw are all connected and it could be possible that the little girl really did have issues, I'd write them a letter to their house stating that if you don't get a payment my x date you'll take them to small claims court. Assuming you have the copy of the contract they signed I'd copy it and highlight the part of the policy in question along with the letter you send them requesting payment.
    Give a little love to a child, and you get a great deal back.

    Comment

    • bluevan_charlie
      Daycare.com Member
      • Jul 2009
      • 5

      #3
      hhmm

      would it be possible for you to call a collection's agency?

      Comment

      • Unregistered

        #4
        People are so stupid

        Same type of situation happened to me recently. They just all the kids I don't waste my time with people like that. They are gone...I got screwed out of my money...move on. Even if you go to small claims court and they rule in your favor...you are still in charge of collecting the money from the parents. (at least in my state) Good luck with that! Is it worth your time to go through all that? Not to me...not for 200 dollars or less.
        Last edited by Michael; 07-19-2009, 12:37 PM.

        Comment

        • mac60
          Advanced Daycare.com Member
          • May 2008
          • 1610

          #5
          I probably wouldn't go thru the hassle of suing, but I would start asking for payment on Friday or Monday for the upcoming week, and also a security deposit so you don't lose out again. Sorry you had to deal with this. Just another one of those things we providers have to put up with.

          Comment

          • SimpleMom
            Senior Member
            • Jun 2009
            • 586

            #6
            I agree with the security deposit and asking for money upfront. I have parents pay on Mondays before the start of service for the week. This way, I know they've paid and if they don't pay they know they won't have service.

            Comment

            • Chickenhauler
              Senior Member
              • Jun 2009
              • 474

              #7
              For the amount you may be out, I don't know if it would be worth the hassle and expense of filing a case in small court (fees), taking a day off for court (have to close down and travel), then getting a judgement, which you will then have to attempt to collect on (good luck).

              I'd just chalk it up to a learning experience.

              Besides, sounds like they were a bunch of flakes, better you learned this early on rather than later.
              Spouse of a daycare provider....which I guess makes me one too!

              Comment

              • Unregistered

                #8
                To sue or not to sue

                I work with many different types of businesses that have all seemed to agree that getting screwed is just part of the business. Well I didn't agree with that and tried to find something that would help us "little guys" get some even ground on these same types of problems. My solution was Pre-Paid Legal services. for a small monthly fee I am able to call my Provider Attorney, much like my preferred medical doctor, and ask them any legal question I need answered like "what should I do about my customers not paying their bills?" Having an Attorney call on behalf of the company gets things done quickly I promise you that. But they will also send letters on your behalf. Or even do collection notices.

                The Legal plan also covers me if I get sued on and off the job. Or if I get stopped in my bus because a child decides to stand up during driving, I am able to have Legal council for that ticket and help to keep the points off my DMV record.

                This plan is actually paying for itself for the next 2 years because of the money I have been able to save by letting people know that I will be getting in contact with my attorney and actually meaning it.

                If you want to know more, go to my site for more information: www.prepaidlegal.com/hub/jamescarter

                Comment

                • Unregistered

                  #9
                  how much money due they owe

                  If they owe a significant amount, then maybe small claims court, depending on what state you live in. If it's a small amount, it may cost you more than it is worth. Sounds like they are nothing but trouble. I would **** it up. They are not worth the money and time for you to sue them. Part of the field. I would let it go.

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