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  1. #1
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    here is a follow up post,
    I intent on taking them to small claims for the fee as my contract states, or do you think I should...?? My husband says yes, I am on the fence?

    What do you think Judy?

  2. #2
    Expansive... Judy Trickett's Avatar
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    I intent on taking them to small claims for the fee as my contract states, or do you think I should...?? My husband says yes, I am on the fence?

    What do you think Judy?
    I would have to see your contract in its entirety to answer this question. It depends on what other loopholes you allowed in your contract.

    If they hadn't even started yet I would likely not pursue small claims. It's just not worth it. Keep the deposit and move on. But, as the other ladies said, you really need to have a much larger deposit. I like to do at least 2 week's fees worth.

    Here is the thing about daycare and business......you always have to make the outcome of non-compliance sting a little, or, at the very least, benefit you in some way. So, if you had taken a full two week's deposit and they don't start care then you are actually getting the same income as that child coming for two and a half weeks or so because you are not actually feeding that child or absorbing costs to care for that child.

    So, advertise and start interviewing again. Be VERY picky next time who you accept into care, charge them a larger deposit and ensure you state that it is NOT refundable for ANY reason.

    I HAVE taken a family to court before and won but I also have a very extensive contract and the family would have lost anyway so they ended up paying me after they got the summons.

  3. #3
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    Quote Originally Posted by mamaof4 View Post
    here is a follow up post,
    Not to be rude but why would you take them to court? You’re not going to be able to get anything. It will be a waste of your time and money. The contract says they lose their deposit and that’s a loss for them. Why can't you take back the high chair and playpen?

    Those items if you decide to keep are a right off anyway. Playpens: for me I ask my clients to supply, as it's more hygienic.

    Hears a thought let's say you hire a painter to paint your living room and he takes a $150.00 deposit for materials. In the week before he starts you hear he does a terrible job and is very messy as he caused a friend to have to re do his services. Before letting him in your house and paying him $500.00 more at the end of the week you cancel and take the $150.00 as a loss. It's your right isn't it?

    As daycare providers we are providing a service if people decide they no longer need our services it’s up to them.

    Have you asked them what there main concerns for feeling the way that they do? For me it would be more of a blow to my spirit than my wallet if any of my clients felt that way.

    Like Judy said take it as a loss and move on.

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