I have an In-home daycare and I was watching two kids for afew months. The state was paying for most of the childcare and the mother was to pay the remaining balance, well she took off without paying her bill. With late fees the bill is $2,800. She offered to pay $30 a month. It would take her over 7 years to pay the bill off. Do I have to settle for that or can I take her to small claims so I can get it done and over with and not have to wait 7 years?
2007-12-12 10:40:47 · 11 answers · asked by RynKay 1 in Politics & Government ➔ Law & Ethics
I charged $3 an hour per child. It was for night and weekend care. The reason it ended up to be so much was because she took off with no notice and my policy says that you have to pay for the two weeks if your child is there or not. I also have in my policy that there is a $10 a day late fee. I have not watched her children since July. She was in California but I just found out that she moved back. I know she doesn't have the money. Months ago I tried to work out a payment plan and she said she couldn't guarantee me anything and I didn't hear from her until recently. If I will in small claims, I can have her wages garnished. I am will to work with her, but $30 a month is not reasonable to me and in the past when she said she was going to pay me she never called and never showed up.
2007-12-12 11:06:32 · update #1
a judgment won't help you if she can not pay
you would be better off taking the loss as a bad debt on your business expenses when you file your tax return
in a separate note my kids are older now have not been in daycare for 15 years but how does her part get up to $2800.00 for 2 kids for a couple of months? how much did the state pay you? how much does daycare cost now?
EDIT:
write off the late fees and penalties and have her pay what she owes for the work you actually provided. there is a chance she may be able to do that. the fees are a penalty you are not out anthing by not getting them and you can use the expense on your tax return. it's a win-win solution
2007-12-12 10:51:23 · answer #1 · answered by michr 7 · 2⤊ 0⤋
Take what she can give you. You certainly are legally due more, but small claims is not going to help you get much more.
To begin, since the state is paying most of the child care, I doubt she has the money to pay, or will any time soon. So, even if you win in court, it will not give her the money to pay you - it will probably end up being monthly payments, maybe $50 or whatever the court determines she can pay. Even if it is $100 a month, that is still over 2 years. And then there is the cost to go to court, the time it takes (and possible lost pay during that time), and followup to ensure you get the payment... you have to ask if it is truly going to be worth it. if you think she genuinely could pay you off in a month or two, that would be the only situation to take it to court.
Though it did make me think of one, long-shot option - the People's Court. As I said, the court might decide in your favor, but it won't give her the money to pay. A TV court room would (usually, there is a pool of money; if the plaintiff wins, the reward comes out of the pool, and the remainder is split), though as I said, a huge longshot.
2007-12-12 18:51:58 · answer #2 · answered by Anonymous · 1⤊ 0⤋
You can take her to small claims court.
BUT...... A judgment isn't a payment, and you "can't get blood from a stone".
Even if you win, can she afford to pay you? I gather she's already getting some sort of welfare, so what sort of monthly payment might the court order if you win?
I could wallpaper my office with judgments that have not been, and never will be, collected on.
EDIT:
Payment for the two weeks notice will be due only to the extent that you were unable to mitigate your damages. If she pulled her kids out and it took you a week to find new clients, that week is payable - but be prepared to prove to the court that you took all reasonable steps to replace them.
The $10/day late fee will also only be due until she's no longer a client. Once her kids were out, then the amount due at that time becomes just a debt - you can't continue to tag on late fees.
What you "could" continue to add on, though, would be "pre-judgment interest" IF your contract specifically allows for it. If it doesn't then you can't claim it - although you'll be entitled to "post-judgment interest" once you have a judgment.
Richard
2007-12-12 18:47:18 · answer #3 · answered by rickinnocal 7 · 4⤊ 0⤋
She owes $2,800? How did you arrive at that amount. Seems overly excessive. I just wonder if you are still charging her the daily $10 late fees? You could take her to court, but I do not think that a judge would award you all that money. You can make any policies that you like, however, you cannot collect more than the law allows you to.
Go back and figure out how much she really owes, then try to work with her.
2007-12-12 19:14:37 · answer #4 · answered by Ti 7 · 1⤊ 0⤋
Getting a judgment in small claims court is one way to go. You would still have the problem of collecting and enforcing the judgment by garnishing her wages (if she is employed and you know who her employer is).
You'd probably be better off negotiating with her to see if she could come up with a lump sum (say $1000) right now and just settle for that vs. taking payments for 7 years.
2007-12-12 18:47:24 · answer #5 · answered by shmigs 3 · 0⤊ 0⤋
She will have her benefits reduced if she is not paying her "part" of the daycare co-pay. You can threaten to report her to the state, if you think that will work. Or go to your courthouse tomorrow; ask for the paperwork to file a small claims case. Make sure it is delivered via registered mail with a return receipt, or whatever method is required in your jurisdiction. If she is a deadbeat, she probably won't show up....Make sure you have proof of hours worked, any written agreement or contract. The judge will likely rule in your favor.
That does not mean that you will collect! If she owns a home or vehicle, you can place a "lein" against that asset. She cannot sell, transfer, or refinance that asset until the debt is cleared!
Good luck!
2007-12-12 18:47:29 · answer #6 · answered by Maureen W 3 · 0⤊ 0⤋
Your payment was due once services were completed.
Although she offered $30.00 a month, unless you agreed to the arrangement, you can still sue in Small Claims Court.
However, if she is receiving state aid, it may be more prudent to accept the payment schedule until she stops making payments.
Make sure you get the arrangement in writing, including a default clause making the full amount, with a reasonable penalty, due upon non-payment of any of the monthly payments.
Good Luck!
2007-12-12 18:49:08 · answer #7 · answered by MenifeeManiac 7 · 0⤊ 0⤋
Sure, you can take her to court but whats the point?
If she is on government assistance, how do you plan to collect your judgment when you get it?
All the court does is say YES she owes you the money, but you already knew that didn't you.
They don't do ANYTHING to help you collect it, so what is your plan after you get the judgment?
2007-12-12 18:45:56 · answer #8 · answered by progunr 5 · 2⤊ 0⤋
Even if you have a judgment against her, you still have to collect. If you think she's good for the money... go for it.
But starting a collection process can cost money in and of itself...
2007-12-12 18:45:27 · answer #9 · answered by LuckyLavs 4 · 2⤊ 0⤋
that don't make since you don't have to settle for that take her to small claim court!!! what she wanted you to watch her kid for free no way the way kids are today get your money that's sad
2007-12-12 18:47:40 · answer #10 · answered by cynthia e 4 · 0⤊ 2⤋