Breach of Contract

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  • Blackcat31
    • Oct 2010
    • 36124

    #16
    Originally posted by DestinyAja
    Got it! Thank you! If it goes to collections it would be on her credit if she doesn't pay right? So are there certain collection agencies that deal specifically with daycares? Or do I just google one?
    Yes, if you send the account to a collection agency, they will try to collect the money for you but they will keep a percentage as payment for their services.

    It will stay on the parent's credit report but with some collection agencies, debtors are allowed to submit a statement refuting or denying that they owe money.

    Personally, I would go to small claims court. If it's anything like my state (MN) the party that loses pays ALL the court costs and if you win (with a signed contract and ANY acknowledgement on their behalf stating they know they owe you- you almost always win) and the court gives them X amount of days to pay you. If they don't you can garnish their wages etc.

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    • DestinyAja
      Daycare.com Member
      • May 2016
      • 42

      #17
      Oh my....Sounds like it gets pretty ugly

      Comment

      • holly333
        Daycare.com Member
        • Jun 2014
        • 39

        #18
        So have they paid for this week? I would let them know that they will need to pay for this week immediately. Let them know you'll waive late fees if paid immediately but payment is due to hold her spot. Also, that they signed a contract and are required to give a two week notice if they aren't planning on returning. If no reply, give them a date that you will either turn the account over to a collection agency or small claims and remind them that late fees will accrue up until that date.

        Sorry, I never understand why parents don't read the contract!

        I've only had to take one family to small claims and they waited until the day of court and finally folded and sent payment. Such a pain!

        Comment

        • DestinyAja
          Daycare.com Member
          • May 2016
          • 42

          #19
          Originally posted by holly333
          So have they paid for this week? I would let them know that they will need to pay for this week immediately. Let them know you'll waive late fees if paid immediately but payment is due to hold her spot. Also, that they signed a contract and are required to give a two week notice if they aren't planning on returning. If no reply, give them a date that you will either turn the account over to a collection agency or small claims and remind them that late fees will accrue up until that date.

          Sorry, I never understand why parents don't read the contract!

          I've only had to take one family to small claims and they waited until the day of court and finally folded and sent payment. Such a pain!
          No they haven't paid for this week, and she still hasn't responded to my text from 2 days ago. Ugghhh!

          Comment

          • sharlan
            Daycare.com Member
            • May 2011
            • 6067

            #20
            Originally posted by holly333
            So have they paid for this week? I would let them know that they will need to pay for this week immediately. Let them know you'll waive late fees if paid immediately but payment is due to hold her spot. Also, that they signed a contract and are required to give a two week notice if they aren't planning on returning. If no reply, give them a date that you will either turn the account over to a collection agency or small claims and remind them that late fees will accrue up until that date.

            Sorry, I never understand why parents don't read the contract!

            I've only had to take one family to small claims and they waited until the day of court and finally folded and sent payment. Such a pain!

            I have in my contract that they have read all policies before signing. I know they don't because I have a clause in there giving them a $10 credit if they show me the clause.

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            • Mike
              starting daycare someday
              • Jan 2014
              • 2507

              #21
              Originally posted by sharlan
              I have in my contract that they have read all policies before signing. I know they don't because I have a clause in there giving them a $10 credit if they show me the clause.
              I bet very few ever claim that credit.
              Children are little angels, even when they are little devils.
              They are also our future.

              Comment

              • sharlan
                Daycare.com Member
                • May 2011
                • 6067

                #22
                How about 2 out of 9 read it.

                Comment

                • DestinyAja
                  Daycare.com Member
                  • May 2016
                  • 42

                  #23
                  Originally posted by sharlan
                  I have in my contract that they have read all policies before signing. I know they don't because I have a clause in there giving them a $10 credit if they show me the clause.
                  Haha! That's too funny! Smh...

                  Comment

                  • Thriftylady
                    Daycare.com Member
                    • Aug 2014
                    • 5884

                    #24
                    Originally posted by DestinyAja
                    No they haven't paid for this week, and she still hasn't responded to my text from 2 days ago. Ugghhh!
                    Do you not take pre payment before care is given? My payments are all due on Friday for the next week. Not paid, no play. For new families I do let them do a payment plan to catch up on that sometimes. So the weekly rate plus 1/4 the weekly rate. That helps them get started.

                    Comment

                    • DestinyAja
                      Daycare.com Member
                      • May 2016
                      • 42

                      #25
                      Originally posted by Thriftylady
                      Do you not take pre payment before care is given? My payments are all due on Friday for the next week. Not paid, no play. For new families I do let them do a payment plan to catch up on that sometimes. So the weekly rate plus 1/4 the weekly rate. That helps them get started.
                      I have them pay on Mondays so they pay in advance for the week. But now she is saying that she will contact me when her husband is working again and hopefully I will have a spot for her child. I told her the Parent Contract that she signed states that she has to give a 2 week notice and payment is still due for those 2 weeks whether the child attends or not. She did not respond. So I guess I'm going to have to take it to small claims.

                      Does anyone have a sample or template for the certified letter that I need to send her?

                      Comment

                      • LysesKids
                        Daycare.com Member
                        • May 2014
                        • 2836

                        #26
                        Originally posted by DestinyAja
                        Haha! That's too funny! Smh...
                        I have a similar sentence in my contract... not one parent has said anything yet

                        Comment

                        • Thriftylady
                          Daycare.com Member
                          • Aug 2014
                          • 5884

                          #27
                          Originally posted by DestinyAja
                          I have them pay on Mondays so they pay in advance for the week. But now she is saying that she will contact me when her husband is working again and hopefully I will have a spot for her child. I told her the Parent Contract that she signed states that she has to give a 2 week notice and payment is still due for those 2 weeks whether the child attends or not. She did not respond. So I guess I'm going to have to take it to small claims.

                          Does anyone have a sample or template for the certified letter that I need to send her?
                          Blackcat may have something. I tend to make them a bit different each time depending on the situation. And I have only done it once.

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