First Late Fee & Family Quits...via GRANDMA

[BlueChairBlessings]

My contract is very clear that I offer a one-time, 15 minute "freebie," but after that, I charge $1/min in late pick-up fees. Each section in my contract is initialed and I explain in my meeting with parents that I am not flexible on my closing time.

I enrolled a new family last month for part-time care. They pay in advance for the upcoming week. On Thurs, I was paid at drop-off for next week by DCD. DCM text me AT pick-up time to let me know she got held up at work & would be a few mins late. I replied with a reminder that beyond 15 mins there is a late fee.

DCM picks up child over an hour late = $52 late fee. I was livid because not only did my own young schoolage children have their bedtime schedule totally disrupted, but I missed an online course that I paid a non-refundable registration for (double the cost of her late fee!).

Mom said she'll bring payment Fri as she "forgot her checkbook." I told her I needed before dck could return on Mon. Last night, I get a very strange, rambling voicemail from dck's GRANDMA with this elaborate story about dcm's hours suddenly changing & child will not be returning. She was very concerned with fact I'd already deposited check for upcoming wk (?) and that parents would pay balance "when they could, because of their own financial concerns."

Whaaaaaaaaaaaaaat?!? First of all, what grown woman has her mom do her dirty work?

I sent a message immediately to mom that notice must come from a legal guardian - no reply. I also advised of balance due by the last scheduled day (which is 2/9). I'm not gonna see that money, guaranteed. My question is - I'm a new provider in a small town. Is this worth pursuing (via small claims, if necessary) or should I just let it go?

[Ariana]

oh no! how much do they owe you? did you already cash their check and what do your policies state with regards to termination?

[CityGarden]

WOW that is a new low.... having grandma call to term. eek.

[BlueChairBlessings]

oh no! how much do they owe you? did you already cash their check and what do your policies state with regards to termination?

They only owe $127, which covers the late fee plus the second week in their two week notice. The check I cashed was for paying in advance for this upcoming week. So not a lot, but not nothing.

My contract states:
Termination of Contract: __________
Parents must give two written week notice prior to children's departure from daycare, regardless of the situation. If the child is gone prior to the two weeks, weekly fees will still be assessed. Provider will strive to offer two week notice to families in the event of termination, although there may be cases when immediate termination is necessary. The only exception to this rule is if the family is still within the initial first two weeks of care, during which time they may cancel without additional notice.

[BlueChairBlessings]

WOW that is a new low.... having grandma call to term. eek.

Probably seems weird because we're grown-ups

[Alwaysgreener]

Loophole, I had a DCM that found loopholes in mi contract that forced me to terminate her. My handbook says three no-shows is cause for termination, and/ or lack of payment for more than 5 days is cause for termination.
DCM paid for the following week, then Monday I texted and asked if they were coming, later DCM responsed with no they are not coming, same thing the next day. The following Monday I texted and termed. She asked for money back and I said no, per handbook. She sent her mom, who did pickups, to collect things, I had her sign the term agreement.
Since she has not provided you with a written two week notice, is there any way per contract you can term now to spare yourself stress?

[Ariana]

It is definitely a good chunk of change but I am not sure I would bother with small claims court.

Next time get a 2 week deposit up front that goes towards the last two weeks of care. This way no one can just run out on you owing money. This is what I do

[childcaremom]

Next time get a 2 week deposit up front that goes towards the last two weeks of care. This way no one can just run out on you owing money. This is what I do

Good advice going forward.

I would email or text (paper trail) one last time to say that you require a 2 weeks notice from the responsible party who signed the contract, as per your written agreement. However, that if grandma is acting on their behalf, that you require confirmation from mom or dad that they are indeed withdrawing. That you require payment in full for the 2 weeks at time of withdrawal notice, and that late fees of x amount are also due. Then show the total amount owing (tuition + late fees) minus the cheque already received. Then a comment about how payment is due on x date and late fees will start accruing after that date. (do you have late payment fees) Then, if you want to pursue in small claims, that any monies owing after x date will be pursued in small claims court.

Worded professionally and clearly, that might be enough to get them to pay. I have no experience following up on payment so hopefully someone else will chime in.

[DaveA]

Do what childcaremom stated. It might work and establishes a starting point. Honestly you're probably out the money unless you're willing to go to small claims court. Even that is a crap shoot (IMHO- I have a very low opinion of small claims court).

As for dealing with GM how old was DCM- I've had 2 families where Grandma ran the show for younger DCPs. Neither ended well.

[Alwaysgreener]

any update?

[Mom2Two]

If they know that you already cashed the check, it sounds like they called and asked the bank about it, as though they were thinking to put a stop on it maybe. It seems like for me, checks don't usually clear fast enough that I would have been already able to see it on my online banking.

[BlueChairBlessings]

Update!

I finally received a text from DCD on Wed informing me he'd been working (for 5 straight days and DCM's phone supposedly broke. I replied with a thanks for two wk notice & that I'd follow up with DCM on payment since she signed contract (they aren't married). He basically told me to screw off.

You know how well that went over.

I messaged DCM (love that you can see read notice on FB) & informed her that she now owed for 2 weeks from that day plus late fee. I said I'd be willing to waive 2nd wk If the original balance I told them was paid by original due date of Thurs night. Otherwise, I'd take them to small claims for full balance plus court fees and my costs associated with pursuing reimbursement. So, like triple the original balance of $127. No reply.

Imagine my delight when I got home from grocery shopping yesterday and had a check in my mailbox! You bet I went straight to their bank to cash!!!

[MyAngels]

Imagine my delight when I got home from grocery shopping yesterday and had a check in my mailbox! You bet I went straight to their bank to cash!!!

happyfacehappyface

[Second Home]

[Ariana]

That is awesome!!happyface