For Those Who Have Taken a DCP to Court

[lovemydaycare0912]

Well duh, dcm didn't bring payment today. I called, no answer so I left a voicemail. Tomorrow I will be e-mailing letting them know that per our conversation Monday, and Thurs, and because of terminating contract without notice payment was due Friday by 530. Because it was not received, there is a $20 late fee added on per day until payment is received. I want her to contact me asap to avoid bringing it to court but I also want to let her know if I have to bring it to court I will. I'm allowed to add a late fee even though contract was broken by them right?

How have you all handled this? Is it expensive?

[lovemydaycare0912]

Sorry, forgot to look through posts first. Will do so soon as I return home tonight.

[Thriftylady]

Well duh, dcm didn't bring payment today. I called, no answer so I left a voicemail. Tomorrow I will be e-mailing letting them know that per our conversation Monday, and Thurs, and because of terminating contract without notice payment was due Friday by 530. Because it was not received, there is a $20 late fee added on per day until payment is received. I want her to contact me asap to avoid bringing it to court but I also want to let her know if I have to bring it to court I will. I'm allowed to add a late fee even though contract was broken by them right?

How have you all handled this? Is it expensive?

I really don't know about the late fees. Small claims usually isn't expensive, and if you win, they fees are added to what they owe you. The thing is that is just the judgement that they owe money, the courts don't collect it for you. You can attach their wages, but I am not sure if that is costly or not.

[Ariana]

I have never taken a DCP to court and I am also Canadian but up here, apparently, judges very rarely recognize contracts that caregivers have. If a judge sees a policy as unfair they will rule against you no matter what a contract says and whether or not a parent signed it. This is what I have heard so don't take it as Gospel . You may go to court and still not end up being awarded any money or you could get your money back.

Bottom line is next time get a two week deposit to avoid this whole mess!

[Leigh]

I really don't know about the late fees. Small claims usually isn't expensive, and if you win, they fees are added to what they owe you. The thing is that is just the judgement that they owe money, the courts don't collect it for you. You can attach their wages, but I am not sure if that is costly or not.

Here, the Sheriff will work to collect a judgement for you. You can garnish wages through the courts, too, but they will seize property in order to execute a judgement (if they can find anything of value, that is-like your car or motorcycle).

[lovemydaycare0912]

Thanks guys. Yes my new contract has a 2week deposit. So I am done with this whole mess. Well for new enrollees. I'm going to send one final e-mail and certified letter tomorrow. Thanks

[Thriftylady]

Here, the Sheriff will work to collect a judgement for you. You can garnish wages through the courts, too, but they will seize property in order to execute a judgement (if they can find anything of value, that is-like your car or motorcycle).

This must vary by state. In Kansas I had three judgements, but they wouldn't do that. You had to go after the wages. Makes me curious about Ohio, but I pretty much don't let parents get to that point now. Learned my lesson!

[lovemydaycare0912]

Can I send my letter to anyone before I email and mail to parents? Don't know if it's too long or wordy.

[wonderfullisa]

Just this morning, I had my first small claims court appearance. I was horribly nervous. She didn't even show.
The initial filing was $30.
I have to give her 30 days to pay, and then I can file a garnishment. I'm trying to read up on whether to do the bank account ($35 plus $1 per bank) or her wages ($50).
She owed $200, but with $5/day late fees, it's now $470.

[lovemydaycare0912]

Just this morning, I had my first small claims court appearance. I was horribly nervous. She didn't even show.
The initial filing was $30.
I have to give her 30 days to pay, and then I can file a garnishment. I'm trying to read up on whether to do the bank account ($35 plus $1 per bank) or her wages ($50).
She owed $200, but with $5/day late fees, it's now $470.

I charge $20/day late fee so this parent is going to be upset if I take them to court. I'd probably do garnish wages.

[lovemydaycare0912]

So my wonderful DH picked up the phone from dcd while I was at the nail salon. Anyway, basically he said they're not paying so if we want our money we can go to court. And also they're not accusing us but saying their son came home pinching. Like are you serious? We have no pinching or biting here. Your son is around a bunch of children where you live. Anyway, I'm not worried.

Just annoyed we will have to take off to go to court. Can I add $20/day late fee until we go to court or only until we file? Do I need to hire a lawyer? Their mom is a district attorney or something like that so I am sure she will represent them. I mean we have everything in black and white contract so I don't see how we can't win.

They could have just paid $235. By the time we get to court I am sure it will be over $400.