Postdated Checks WWYD? Yes? No?

[Denali]

I have a family that started out paying on time but has fallen behind. Their original due date was the 1st and the 15th. But they had a bad budgeting problem this month (though, after thinking more about it I realized that this is happening more often then not...) and DCM wants to give me 2 post date checks dated for 12th and 24th. I'm a little unsure about this... This will be the second time she's wanted to do this...

-I do have worries that this family is getting ready to PCS soon. Mom has made a commitment about 3-4 weeks ago about their next duty station. I thought military families didn't know their next duty station until about 30-60 days before the move. When asked she said that they were not PCS'ing for a good while.

-they have been coming for 6-7 months. Mom had a full time job. Hours of care were 7:30 - 5:10. She always wore scrubs. Over the month of July she has been dropping of in plain clothes and picking up in plain clothes. Has been taking a lot of time off work to get her hair down, run errands, take their cat to the vet, and her daughter for a check up. In June she took a 2 week vacation. Today she dropped off and said that she couldn't get on post because she forgot her badge and so they were going to miss DCG's doctor appointment, but she rescheduled for tomorrow. She hasn't mentioned work for a while when she used to mention it frequently. DCG now gets dropped off around 8:30 and picked up by 4-4:30.

-Husband has been training in the field for 30 days. Will be getting back any day now. She was supposed to drop checks off Tuesday after talking with me about not being able to pay on her normal pay days. Hasn't brought them yet, so I sent a text reminding her that she hasn't brought them. She responded that she will bring them this afternoon.

I just handed out a new policy book (which includes late payment fee), but they will not take effect until 8/17. Parents have until the 10th to read, sign, and return to me. I am working on my backbone and being more strict on my policies.

I do want to work with families about payment. But I also want to get paid. What is my legal standing if she gives me checks and runs? Would they stand up in court?

[Blackcat31]

I have a family that started out paying on time but has fallen behind. Their original due date was the 1st and the 15th. But they had a bad budgeting problem this month (though, after thinking more about it I realized that this is happening more often then not...) and DCM wants to give me 2 post date checks dated for 12th and 24th. I'm a little unsure about this... This will be the second time she's wanted to do this...

-I do have worries that this family is getting ready to PCS soon. Mom has made a commitment about 3-4 weeks ago about their next duty station. I thought military families didn't know their next duty station until about 30-60 days before the move. When asked she said that they were not PCS'ing for a good while.

-they have been coming for 6-7 months. Mom had a full time job. Hours of care were 7:30 - 5:10. She always wore scrubs. Over the month of July she has been dropping of in plain clothes and picking up in plain clothes. Has been taking a lot of time off work to get her hair down, run errands, take their cat to the vet, and her daughter for a check up. In June she took a 2 week vacation. Today she dropped off and said that she couldn't get on post because she forgot her badge and so they were going to miss DCG's doctor appointment, but she rescheduled for tomorrow. She hasn't mentioned work for a while when she used to mention it frequently. DCG now gets dropped off around 8:30 and picked up by 4-4:30.

-Husband has been training in the field for 30 days. Will be getting back any day now. She was supposed to drop checks off Tuesday after talking with me about not being able to pay on her normal pay days. Hasn't brought them yet, so I sent a text reminding her that she hasn't brought them. She responded that she will bring them this afternoon.

I just handed out a new policy book (which includes late payment fee), but they will not take effect until 8/17. Parents have until the 10th to read, sign, and return to me. I am working on my backbone and being more strict on my policies.

I do want to work with families about payment. But I also want to get paid. What is my legal standing if she gives me checks and runs? Would they stand up in court?

She's asking you to trust her.

You are the business owner, turn it around and tell her she must give you two (or however many) checks but they must all be dated with today's date.

Agree (in writing or verbally) that you will not cash them until each payment date.....UNLESS she cuts and runs without notice, at which time you will cash all checks that cover her amount due through the two week notice period.

That way ^^ she has to trust you

Make sense?

[Cat Herder]

With her history, I'd go to cash only payments. In advance of services.

Although her husbands service is admirable, her priorities concern me.

[laundrymom]

Yep. Cash only.

[Baby Beluga]

Yep. Cash only.

[finsup]

Cash only, in advance. Trust me, I learned the hard way on allowing people to give me checks without the correct dates. That was a hassle and never again .

[kitykids3]

I never take post dated checks. Money is due when money is due. Only time I even consider a post dated check, is if they are gone on vacation and they write out the next check to be cashed the next week (but it is still on time for me).
Considering all of your situation, no way would I take post dated checks. Get cash up front.

[Nurse Jackie]

I don't accept checks at all. I expect payment when it's due, no pay no stay. I do allow my families 1 week of vacation no charge so if one of my families was having financial problems I would let them use that vacation last minute and have them use a family or friend for care that week, but me personally I wouldn't provide care before I received payment.

[Unregistered]

I cash them, but all of my banks (I live in NJ. I don't know if that's a difference) have honored them. They just charge a fee to person who post dated them.

[Denali]

I did decide to take the checks. With the knowledge that I might not get my money. I have already decided that this will be the last time I do though.

The first check was made out for the 12th, but I didn't get down to her bank (no way I'm running it through mine) because I was at the doctor for a sinus infection. DCG's normal drop off is 7:45-8am, but they were a now show on the 12th (Friday). Sent a text and didn't hear from dcm until noon that she was keeping DCG home since she had the day off. Sent back ok, see you Monday, and oh don't forget to read over and sign and date the new policy and sign the agreement form because it's due Monday and new policies will take affect on the 17th. Didn't hear back.

Got down to her bank on Saturday the 13th to cash the first check. Teller tells me that she'll have to get her manager and please wait a moment. Manager looks at the account, looks at the check and then tells the teller to give it a try and see what happens, then smiles at me apologizing for the wait. I tell her it's fine, that there is a reason I'm here at her bank cashing the check and not at mine. Manager give me an understanding smile.

One of my first jobs was working in a bank. I know what it means when the manager has to come over and do an override. I did get my money. But I know that dcm's account was overdrawn before I cashed the check.

I was expecting to not see DCG again, and to get an upset phone call about how I over drew dcm's account and so on. But funny enough I get a text from dcd and he came and dropped off DCG Monday morning at 9am. Telling me that dcm forgot to pay her phone bill and it now turned off. (Forgot being the key word, I think he meant didn't have the money to pay cell phone bill as dcm's account is in the red)

I smile and tell him no problem! And ask about the new contract forms that were due today? He said he had no idea what I was talking about and told me he'd talk to dcm and get it taken care off. At pick up dcm signs the new contract and tells me that her phone is working again. And tells me that they are not PCS'ing until April.

Part of me wants to just give them notice, but I know if I do I wont get paid for the second check that was postdated for the 26th. I am find with providing care until then, and seeing if it goes through or not. If not I now have my updated contract with late payment fees and such, and a clear reason for terming. I will not be taking anymore postdated checks, and I need to be able to cash any checks I'm given when payment is due or they will be termed. Their payment due dates are the 1st and 15th, they need to pay me on those days or no care, and late fees will be added.

If they dope and drop again I will term in the spot. I'm feeling confident with my new policies. I keep reminding myself that I just updated my policies and now is the time to stand firm. Thank you everyone for the help and advice. Wish me luck.

[Mike]

I keep reminding myself that I just updated my policies and now is the time to stand firm. Thank you everyone for the help and advice. Wish me luck.