Can I keep a client's supplies hostage until they pay me?

[Unregistered]

Hello, I run a New Hampshire state licensed in home child care service. Today is the last day I'll be open for business and I still have a family who hasn't paid their balance. I have had many problems with them to pay on time or even pay at all and more often than not, they are at least one week behind with payments.

I was thinking about holding the child's supplies brought from home like (snow boots, diapers, clothing, etc) "hostage" until they pay their dues which were due last Friday but they said they would pay me today on my last day.

What do you think? Is it legal for me to refuse returning supplies until I get paid in this state?

Thanks so much!

[Blackcat31]

I don't think that is legal. I would think you should try to follow some other line of defense such as small claims court or collections. With holding a child's belongings seems a bit petty and unnecessary...the items belong to the child. Your beef is with the parents not the child. kwim???

Good luck...I hate being in that situation. I hope you eventually get you paid.

[Unregistered]

You are right!

Thanks so much! I think I will definitely return everything and if I don't get paid today, the late fees will just keep adding to the balance and if it doesn't get resolved in 30 days, I'll file a claim in civil court.

I like it at the end when you said: "I hope you eventually get you paid". I couldn’t agree more because it is my responsibility to do everything I can to get paid, and I will.

Thanks again!

[cillybean83]

i went through sometime similar a few months back, mom left a box of diapers here and a few outfits...this mom was insane though, she would park in my driveway at like 11pm and just sit there...total freak

anyhoo, i told her she could have her stuff back if we met in a public area and exchanged her stuff for my money, she didn't agree...too bad for her. We ended up settling outside of court for half of what she owed, and she never pursued her items, they're still here to this day, and as far as I'm concerned they're mine now, if someone leaves their things unclaimed in your home for a period of time, it becomes yours

[Meeko]

i went through sometime similar a few months back, mom left a box of diapers here and a few outfits...this mom was insane though, she would park in my driveway at like 11pm and just sit there...total freak

anyhoo, i told her she could have her stuff back if we met in a public area and exchanged her stuff for my money, she didn't agree...too bad for her. We ended up settling outside of court for half of what she owed, and she never pursued her items, they're still here to this day, and as far as I'm concerned they're mine now, if someone leaves their things unclaimed in your home for a period of time, it becomes yours

Just let her know that you must receive payment by a certain time/date or the account will be turned over to collections. That's what I do. I let the parent know that the second it goes to collections, 40% gets added and that by law....I can no longer be paid directly. They will HAVE to deal with the collections agency and pay their fees too.. That usually makes them think twice. It's in my handbook too, so I'm covered...but we all know how often parents actually READ a handbook........

...and if she leaves stuff at your house, it is yours after a certain time frame. Call and ask your local authorities. When we bought our home, the former owner asked if he could keep his stuff in the dining room until he could rent a storage unit and get it out of there. We said yes. But weeks went by. Every time we called he told us he'd be there in the next day or two. I didn't want to touch his stuff for fear of being accused of breaking something, but it was close to Christmas and I needed my dining room!!! A local police officer told me that enough time had gone by, that we could legally keep it. I called the guy and told him I was tired of being his free storage unit and if the stuff wasn't gone by the next day I was going to put it out on the front lawn and call the local charity truck to pick it all up.

He was there within the hour.

[Blackcat31]

Thanks so much! I think I will definitely return everything and if I don't get paid today, the late fees will just keep adding to the balance and if it doesn't get resolved in 30 days, I'll file a claim in civil court.

I like it at the end when you said: "I hope you eventually get you paid". I couldn’t agree more because it is my responsibility to do everything I can to get paid, and I will.

Thanks again!

I'm glad that is the decision you have come to...it is the toughest part of this job in my opinion. (the collecting payments part).

After a few bad experiences, I switched over to prepay only and now I no longer deal with not being paid. I understand that payments can be an issue for both the parents and the provider's but it is smart to always take the correct actions (both ethically and legally) when trying to collect.

Worse case scenario, you chalk it up to a lesson learned and try really hard not to get in the same boat again. Good luck!