I run an in-home daycare and have all the parents sign a contract agreeing to the terms in the handbook before their child starts. I had a parent tell me today that they feel my program is too structured (for their behaviorally challenge children) and wanted to call it quits today. I informed her that in her contract she signed she needs provide two weeks written notice or two weeks pay. (This IS my only income) The parent said she will "get back to me" about it this weekend when she decides. If she blows me off what do I need to do to get her to pay me the money she owes me? Where do I start that legal process?
2006-11-10 07:26:20 · 9 answers · asked by totspotathome 5 in Politics & Government ➔ Law & Ethics
Personally, I'd just forget about it as far as this client is concerned. (I'm not a lawyer by the way). There are small claims court systems in most parts of the country, which sounds like a practical approach to your situation, if you feel you want to persue the matter. These systems are specifically tailored for people who have a relatively minor disagreement and need a third party to decide who is right (damaged), and makes a judgement one way or the other.. Costs vary and here anyway, attorneys are not needed.
A business person to a business person, I might encourage you to rethink your admission policy so that your new clients pay you a two week deposit so that you could avoid this situation in the future. Good Luck
2006-11-10 07:41:27 · answer #1 · answered by calldrsalsa 2 · 0⤊ 0⤋
On the first day her child is out, write her a letter recounting your conversation and reiterating her contractual obligation by providing her a copy of the contract and the relevant portions of the handbook. Then, wait until there is an actual uncollected debt. Send her an invoice via certified mail along with a copy of the contract and the relevant portions of the handbook. Tell her if you do not receive payment in 30 days, you will take appropriate measures to collect the money, including but not limited to bringing suit in small claims court. However -- if you do not intend to follow up with a lawsuit or forwarding the issue to collections, you cannot state that you intend to do so - that is a violation of federal law. Be very careful when threatening collections, you have to be completely above board. Good luck.
2006-11-10 18:23:32 · answer #2 · answered by Tara P 5 · 0⤊ 0⤋
Wait for her decision. If she decides to try and stiff you, send her a certified/registered letter (keep the receipts and copies!) explaining the clause in the contract and requesting payment (be nice, give her two weeks to pay up). Then explain that after the due date you will be forced to take legal action to collect your payment. Then follow through.
2006-11-10 16:27:19 · answer #3 · answered by Goose&Tonic 6 · 0⤊ 0⤋
Call a lawyer, sometimes their first consultation is free. He/she could tell you what to do.
Send her a copy of her signature on the handbook and ask for the 2 weeks payment.
2006-11-10 15:37:11 · answer #4 · answered by momoftwo 7 · 0⤊ 0⤋
Forget the legal process. Hire a thug of Italian descent to pay her a visit. She'll get the message.
2006-11-10 15:29:40 · answer #5 · answered by robertbdiver 3 · 0⤊ 1⤋
I would just send her a letter stating that you are in your legal rights to collect this money and if you do not receive it within (a reasonable amount of time) you will be forced to turn her account over to collections. Then list some bogus collection outfit. No one wants to go to collections so they will prolly pay.
2006-11-10 15:31:05 · answer #6 · answered by Midge 7 · 0⤊ 1⤋
If you are not just borrowing trouble and she really does not pay you,take her to small claims court. If you do not know how to get started, call your courthouse and ask for small claims info.
2006-11-10 15:38:26 · answer #7 · answered by bettyswestbrook 4 · 0⤊ 0⤋
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2006-11-10 16:10:06 · answer #8 · answered by Anonymous · 0⤊ 0⤋
you can go to small claims court. It is fairly inexpensive and you can do it your self
2006-11-10 16:06:23 · answer #9 · answered by Big Daddy R 7 · 0⤊ 0⤋