So, I made the mistake of allowing one dcm bring her kids for 4 days back in May until she got her child support check. Low and behold she stopped bringing her kids and said bc the new boyfriend got laid off and could watch them. She didn't give me two weeks notice but said she would be here June 2 to pay. As you can all guess, she never came back to pay. Well I filed in small claims court after sending her multiple invoices by certified letter. Apparently the Judge Judy show found our case and she agreed to go on it.
Her original balance was $77.18, I'm suing her for $782.18 after $5/day late payment fees. I didn't know that if I win the show will pay the judgement for her. So vacation here I come, along with my husband who the show is paying to travel with me. Bonus is his sisters live in California so we're changing the tickets they bought for our return and staying a few extra days!.
I've learned to get money in advanced now.
We had another provider forum member appear on Judge Judy!
I would so go on!!
How does 77 dollars owed turn into over 700 dollars ?
just make sure you have lots of proof and paper trail and contract.
I charge $45/day late fees, plus if I take a parent to court they pay for all my legal fees (court and attorney costs) plus any time I miss from work. An unpaid monthly fee in my daycare ($650-$700) could easily turn into THOUSANDS very quickly (non payment for a month would be about $1400 alone)!
I would assume it would be late fees accruing for everyday that payment is late.
It turned into over $700 because she was supposed to pay on June 2nd and there is a $5 daily late payment fee.
I totally understand the concept and point of late fees, but I do have to add that I did take a parent to small claims before and I won everything but half the late fees.
The judge said I had to stop charging the fees when I filed for court AND that realistically late fees shouldn't be charged beyond 30 days.
I was told it was "excessive".
He also said the point of a late fee was to detour parents from paying late and charging fees that amounted to 500% more than the original bill was not something he could in good faith grant. I receive the original payment due plus 30 days worth of late fees, filing fees and substitute costs.
That's really good info, BC. Thanks!
All the utility companies in my area continue charging interest on unpaid bills for YEARS... until the bill, plus late fees is paid in full. Same goes for many credit card companies, student loans, etc.
I personally feel just fine about continuing to charge a daily late fee until I get all the money owed to me... and I'd absolutely appeal a judge on this decision!
Apparently we (child care providers) aren't "special enough" to do that.
I agree with you though.....unfortunately the judge didn't. If appealing my own win in conciliation court was an option, I may have thought about it.
Maybe civil court is different. I don't know.
I don't have cable so I totally missed when Kimberli's case aired...does anyone know if it is on youtube or how I could find it online?
I missed it too! Hopefully it will re-air one day!
I remember the case number was #4125 and it aired on February 1, 2013.
I think someone posted a youtube link to it but I think the video no longer exists...I can't remember completely.
Maybe you could search with the date and/or case number for it.
I would say they can do so because it's in the original contract or agreement that is signed. If providers are able to put strong enough language in their contracts they may be able to do it as well. Most states allow interest to accrue on unpaid judgments, so if you can get it to that point you'll get interest, too.
Don't you also get paid even if you lose, too? A few years ago I was sent a letter from the People's Court and win or lose the case I still would have gotten paid something plus all travel accommodations. I think it was $250 if I lost which would have been more than the $177 I had originally sued for. I never agreed to go on though.