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Thread: Rule breakers!

  1. #1

    Rule breakers!

    I recently had a client, whom I just ended services with, that even though going through my contracts and explaining before taking them on that if they missed days due to their own actions that they still had to pay, but if they missed days because of me they didnít have to pay. They agreed to the rules and so I became their caregiver for their child. This week they. Missed 3 days and she said she thought it wasnít fair and only wanted to pay half of what was owed. After going through the contract and reminding them of the terms they agreed to, she proceeded to yell at me and tell me she wasnít going to pay and good luck getting the money owed. I informed her I would gladly take her to small claims if need be then and good bye. My question, is there any way for me to make a report on the on this site or in my area to warn other daycares of the way they act? To save someone else from going through what I went through.

  2. #2
    Euphoric !
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    You aren't going to save someone else the heartache of dealing with these people. Odds that your local provider's are on here or any other site are slim.

    In future, get your pay in advance for instance, on Monday 10th June, my client's fees for the period of Monday 10th until Friday 21st are due before 7am. No fees= no care. So if someone shows up here tomorrow morning, without having sent their fees, they will not be admitted into the day home. Like you, fees are due here regardless of attendance so I would have been paid for those three missed days before they happened.

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  4. #3
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    Hi.

    How frustrating. I always tell my clients what "payment by enrollment" means. During the first interview and give them also time to decide to go forward or not with this condition.

    I guess as they won't or do not want to pay. You can also keep their last "childcare receipt " until they pay their last fee.

    Small claims court will take time. You can even suggest to this family to ask other caregivers so they can realize that this is a norm. They have to pay with a child in attendance or not.

  5. #4
    Euphoric !
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    Quote Originally Posted by Peacefulbird View Post
    I guess as they won't or do not want to pay. You can also keep their last "childcare receipt " until they pay their last fee.
    Don't withhold their receipts. It's illegal. The consumers acts of each province will state that a consumer is legally entitled to a receipt for goods or services they have paid for. You have to issue the receipt for money paid (less anything owing of course) but don't with hold their receipt. Two wrongs don't make a right.

    Small claims court will take time. You can even suggest to this family to ask other caregivers so they can realize that this is a norm. They have to pay with a child in attendance or not.
    Small claims doesn't take long at all. A few weeks compared to debt collection. File your case. You'll get a date about 4-6 weeks in the future when you file and pay the fee. You then serve or have someone serve the other party. They have a set amount of time to respond if they wish. If they respond and accept all your statements as true, they admit guilt and you can bypass the hearing and get the judgement. If they don't respond or dispute your case, then it moves ahead. If either of you don't show, the other party will win by default so you must show up. Judge hears both sides. You get a decision there and then. Takes about 10 days for the Judge to write up his finding and issue the judgement.

    Send them a demand letter with a signed copy of their contract attached. Give them a fixed date or no more than 2 weeks away to settle in full. Let them know that failure to settle by that date will result in you filing your claim in court. At that stage, you will be seeking not just the debt but also the filing costs, any interest/late payment fees in your contract. Spell out that late payment fees from the time the debt was owed until court date is considerable. Let them know that in the event of you winning the case, a Judgment will be entered against them which can affect their credit rating for up to 6 years after settlement. Let them know that settling the debt in full is the cheapest way. Be prepared to actually follow up with a court filing if they don't pay.

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  7. #5
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    Wow! The way I see it (I'm sure it's only me ;0 ) too complicated, time and energy consuming and stressful. If the amount would be large I think it would be worth it but for just three days of pay? ( I personally wouldn't go through all that my time and stress less life is more valuable ) you can try thought I'm sure you have all in your side to win:0 )

    A few weeks compared to debt collection. File your case. You'll get a date about 4-6 weeks in the future when you file and pay the fee. You then serve or have someone serve the other party. They have a set amount of time to respond if they wish. If they respond and accept all your statements as true, they admit guilt*
    Send them a demand letter with a signed copy of their contract attached. Give them a fixed date or no more than 2 weeks away to settle in full. Let them know that failure to settle by that date will result in you filing your claim in court. At that stage, you will be seeking not just the debt but also the filing costs, any interest/late payment fees in your contract. Spell out that late payment fees from the time the debt was owed until court date is considerable. Let them know that in the event of you winning the case
    If you can, add also the extra time you are investing in putting all this together and not just the 3 days they didnt pay.

    You see even that, in my case would demand using my valuable time and also the need to ask to a lawyer or a paralegal.

    Thank you so much, Suzie_Homemaker, I guess we will just have to work on writting thight contracts and ask to be paid upfront (hopefully we can avoid all the frustration and waste of time by doing so)

    Good luck!
    Last edited by Peacefulbird; 06-13-2019 at 12:53 PM.

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