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Starting to feel at home...
This morning, she dropped off at snack time, almost 2 hours later than usual. A baby started crying, I walked over and she ducked out without even saying goodbye to her son.
Today, at pick up, I said 'So, what are you going to do?' and she said all in a huff 'Well, we're going to pay you, it'll just be next Friday.' I shook my head and said no, I can't wait that long. She said 'Well?' and I said 'Well, that's it then, I'll get you his stuff'. I already had his diapers and wipes ready in a bag.
I'm amending my contract - 2 days of late fees, then on the third day if they haven't paid then I'm locking my door! Never taking payments after the fact either, even if it is for just a couple days. I have learned my lesson.
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I'm sorry that it ended like this but good for you for standing up to this mom and taking control of your business!! Yayy to you!!!
Did mom agree to still pay you the remainder of her bill? That is a good plan to amend your contract as well. Live and learn!!
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You have to enforce both your boundaries and your contract. It is not your issue that she either didn't read or didn't understand.
Don't call her - you need to write so you have evidence. Send it by e-mail or better via FB message because that confirms that shes read it.
Be clear that you are willing to enforce your contracts through small claims court if need be.
Tell her you are terminating her care based on breach of contracts. The amount owed to you is XX amount. You are expecting full settlement of this bill by no later than (enter a date no more than a week away). In the event of non-payment, you will have no option but to file with the court to receive your fees.
Inform her that in the event of you needing to file, you will also be looking to the court for
1. The owed fees
2. The cost of filing
3. The unpaid time you will have to take off to file the paper work in court during their open hours
4. Any late payment fee that your contracts state from date debt became overdue until court appearance
5. Any unpaid time you will have to take off to attend the court date
6. The unpaid notice period you've lost out on via having to apply immediate termination.
Also state in your letter to her that following a court case, a judgement will be entered against her which will have a negative affect on her credit rating until it's resolved.
You will get all of that provided your contracts are clear (i.e. no ambiguous language), and it is signed by both of you.
I have had to take a client to court before. I've also helped other local providers with the process. It's straight forward just time consuming.
The judge will initially ask questions to confirm you are self-employed/an independent contractor not an employee and once that's been established, they will refer to your contracts.
I find it helpful if you do lay out the above, to attach an indication of additional fees. If you can find out what the filing cost will be, detail your #of day are childrenxdaily rate for lost income, include your late payment fee etc, it will often be very persuasive.
I don't play games with my income. My contracts are clear and water-tight. I deliver over and above my contractual obligations and I will no accept others not abiding by their part of the contract.
Oh and don't forget to include a scanned, signed copy of the contract with your message to her just in case she's misplaced hers.
Last edited by Rachael; 09-13-2014 at 12:35 PM.
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Same thing just happened to me!
Just wondering where you are located, because this EXACT thing happened to me. Apparently there is a lady in my area who has been scamming local daycare a like this for the last 3 years! I'm in Fergus, ON
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