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Daycare Center and Family Home Forum>First Late Fee & Family Quits...via GRANDMA
BlueChairBlessings 06:50 PM 02-04-2017
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?
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Ariana 07:49 AM 02-05-2017
oh no! how much do they owe you? did you already cash their check and what do your policies state with regards to termination?
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CityGarden 08:25 AM 02-05-2017
WOW that is a new low.... having grandma call to term. eek.
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BlueChairBlessings 08:49 AM 02-05-2017
Originally Posted by 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?
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.
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BlueChairBlessings 08:50 AM 02-05-2017
Originally Posted by CityGarden:
WOW that is a new low.... having grandma call to term. eek.
Probably seems weird because we're grown-ups
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284878 10:47 AM 02-05-2017
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?
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Ariana 02:58 PM 02-05-2017
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
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childcaremom 12:59 AM 02-06-2017
Originally Posted by Ariana:
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.
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DaveA 04:22 AM 02-06-2017
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.
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284878 04:52 PM 02-08-2017
any update?
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Mom2Two 01:42 PM 02-10-2017
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.
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BlueChairBlessings 02:06 PM 02-10-2017
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!!!
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MyAngels 06:28 PM 02-10-2017
Originally Posted by BlueChairBlessings:
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!!!

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Second Home 08:18 AM 02-11-2017

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Ariana 01:25 PM 02-11-2017
That is awesome!!
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Texasjeepgirl 11:14 AM 02-14-2017

Proud to read this ending.... I had a family leave owing a very high balance last year..... I had cared for their 3 children for over 3 years...they were child care assistance and had lost funding due to a pay raise... also the couple had split up... so mom had new apartment expenses.... I attempted to work with them but in the end when I demanded payment she left... no notice.... I pursued all the way to small claims court... had all communications and contracts documented... they were a no show... and I have a judgement against them.... $2,500 which does include late fees and court costs...
I'll never see it.. but it is filed at the court house
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Leigh 11:16 AM 02-14-2017
Originally Posted by Texasjeepgirl:
Proud to read this ending.... I had a family leave owing a very high balance last year..... I had cared for their 3 children for over 3 years...they were child care assistance and had lost funding due to a pay raise... also the couple had split up... so mom had new apartment expenses.... I attempted to work with them but in the end when I demanded payment she left... no notice.... I pursued all the way to small claims court... had all communications and contracts documented... they were a no show... and I have a judgement against them.... $2,500 which does include late fees and court costs...
I'll never see it.. but it is filed at the court house
Have you spoken to your local sheriff about executing the judgement? You should be able to garnish wages or seize property to get paid. I'd contact the sheriff's office and ask if it's a service they provide (some do). If not, you should still be able to garnish wages through the court system.
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BlueChairBlessings 09:51 AM 02-15-2017
^^^ This.

Thanks, by the way. I'm not okay with being taken advantage of and attempted to be pushed around by some early twenty year olds that had to have Grandma do their dirty work for them, lol.

Buuuuut....Does the craziness never end? How did I not see the red flags on these folks? I mailed their child's few personal items back (a few diapers, wipes, change of clothes and diaper cream). Now, I'm getting messages from Grandma #2 saying she's coming here with the police to retrieve stolen property. WTH. Happy I have a postal receipt
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Denali 10:51 AM 02-15-2017
Originally Posted by BlueChairBlessings:
^^^ This.

Thanks, by the way. I'm not okay with being taken advantage of and attempted to be pushed around by some early twenty year olds that had to have Grandma do their dirty work for them, lol.

Buuuuut....Does the craziness never end? How did I not see the red flags on these folks? I mailed their child's few personal items back (a few diapers, wipes, change of clothes and diaper cream). Now, I'm getting messages from Grandma #2 saying she's coming here with the police to retrieve stolen property. WTH. Happy I have a postal receipt
Geez seriously ? I'm sorry...

At this point I would send an email or something saying any further contact, including by anyone on their behalf will be considered harassment and you will file charges with the police.
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thrivingchildcarecom 11:01 AM 02-15-2017
First of all, good on you to detail out your late fee policy in your contract. Always a plus! The simple fact is some people just don't read it (even if they sign and initial it). But you are doing well to enforce it.

Over the years I have found it helpful to send out "tickler" reminders every now and then about key policies. Just so they realize I mean to follow my policies. In the reminder about being late, I state that I am licensed to be open from this time to this time and that outside of that I could be subject to citation and fines (TRUE FACT). Therefore, I stand firm on my open & close times. Let me know if you would like the whole reminder text.

About the money. I think you are right, not gonna see that money and not worth it (days off & filing fees) to go to court. But I wonder are you requiring a deposit with enrollment that covers the last two weeks. If not, consider doing that. It has really helped me over the years with those clients that skipped out on me.
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EntropyControlSpecialist 12:56 PM 02-15-2017
Originally Posted by 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
This is what I do! And ACTUALLY, now that I'm thinking about it, all three Mom's who had Grandma "do the dirty work" tried to bail without any notice. I just used their enrollment fee (changed the wording from security deposit so it was clear it was nonrefundable in addition to stating so in many places) and replaced them. Super helpful! Highly recommend implementing this.
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284878 11:12 AM 02-16-2017
Originally Posted by BlueChairBlessings:
^^^ This.

Thanks, by the way. I'm not okay with being taken advantage of and attempted to be pushed around by some early twenty year olds that had to have Grandma do their dirty work for them, lol.

Buuuuut....Does the craziness never end? How did I not see the red flags on these folks? I mailed their child's few personal items back (a few diapers, wipes, change of clothes and diaper cream). Now, I'm getting messages from Grandma #2 saying she's coming here with the police to retrieve stolen property. WTH. Happy I have a postal receipt
Did you do tracking and conformation?
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MyAngels 12:03 PM 02-16-2017
Originally Posted by Texasjeepgirl:
Proud to read this ending.... I had a family leave owing a very high balance last year..... I had cared for their 3 children for over 3 years...they were child care assistance and had lost funding due to a pay raise... also the couple had split up... so mom had new apartment expenses.... I attempted to work with them but in the end when I demanded payment she left... no notice.... I pursued all the way to small claims court... had all communications and contracts documented... they were a no show... and I have a judgement against them.... $2,500 which does include late fees and court costs...
I'll never see it.. but it is filed at the court house
As PP said, you can garnish wages and bank accounts to get this paid. Also look into filing a copy with the county recorder's office, that way they can't buy or sell any real property without satisfying this judgment first. This also helps to ensure that it finds its way onto their credit reports.
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BlueChairBlessings 07:15 AM 02-21-2017
Originally Posted by 284878:
Did you do tracking and conformation?
Even better - I did signature confirmation! It's just a whole different level of crazy. I just ended up sending dcm a message that it was disturbing and strange that she kept having 3rd parties contact me on her behalf & that if she or anyone acting on her behalf contacted me or showed up at my home, I'd be forced to contact the the police "for the safety of children under my care."
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Tags:family - leaving, notice not
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