[Personal Drama]{Legal Advice} DayCare Provider Tries To Screw Me

Small claims if you have to. Don't pay her shit.

i would threaten legal action if it's taken to collections as well since she's basically threatening to hurt your credit with this bs.
 
that's some cheap fucking daycare. everyone around here is always bitching about how expensive it is.

:shrug:
 
have your wife call her and tell her that she wants to pay, but she had to spend all her money this month on bailing you out of jail for aggrevated assault and lewd acts against a minor (of which charges you are completely innocent) and as soon as she gets the bail money back, she will have you bring the money right over
 
I'd just pay it.

legally, you didn't give notice, which you were required to do. kind of a crappy thing of you to do as well, you could have given her notice and all would be fine.

if she's having a kid, she isn't going to be able to try to find a replacement kid, so she's going to be out more than that money.

you were trying to beat the system and screw her over by not giving proper notice, I don't think it's unreasonable to just pay the hundred bucks and be done with it.
 
I'd just pay it.

legally, you didn't give notice, which you were required to do. kind of a crappy thing of you to do as well, you could have given her notice and all would be fine.

if she's having a kid, she isn't going to be able to try to find a replacement kid, so she's going to be out more than that money.

you were trying to beat the system and screw her over by not giving proper notice, I don't think it's unreasonable to just pay the hundred bucks and be done with it.

What? She isn't open anyway. She's closed 2 and a half weeks. That's not their fault. I see no issue here at all with not giving notice beyond that. She's just trying to get $150 out of them saying 'today is her last day' instead of 2 weeks from now, which is irrelevant because she isn't open anyway. She wouldn't have been paid this money if they were still with her, so wtf would she get it they weren't?
 
I'd just pay it.

legally, you didn't give notice, which you were required to do. kind of a crappy thing of you to do as well, you could have given her notice and all would be fine.

if she's having a kid, she isn't going to be able to try to find a replacement kid, so she's going to be out more than that money.

you were trying to beat the system and screw her over by not giving proper notice, I don't think it's unreasonable to just pay the hundred bucks and be done with it.

I think you need to re-read the thread... we did give notice.

1. My wife argues that she actually gave 2 weeks verbally.
2. That night after getting her email that we owe her money, and figuring out that she misunderstood... we gave written two weeks notice.
 
I still need one question answered before I continue with the story...

Does anyone think this could be considered extortion?

518. Extortion is the obtaining of property from another, with his
consent, or the obtaining of an official act of a public officer,
induced by a wrongful use of force or fear, or under color of
official right.


519. Fear, such as will constitute extortion, may be induced by a
threat, either:
1. To do an unlawful injury to the person or property of the
individual threatened or of a third person; or,
2. To accuse the individual threatened, or any relative of his, or
member of his family, of any crime; or,
3. To expose, or to impute to him or them any deformity, disgrace
or crime; or,
4. To expose any secret affecting him or them.
 
If the contract says you owe a termination fee of one weeks wages, you owe it.
Doesn't matter if she's off for the next 2 weeks.

You should've given your 2 weeks notice, but instead it was verbally given that it was her last day.

It's small print stuff, but you have to pay her.
 
No idea legally, but would be good to know. Looks like a blantantly false claim and she's using the threat of fucking with their credit as her ammo.

Dunno if anything can be done about that though, other than proving the debt isn't owed.
 
My wife worked for a collections agency and wants you to know that it would cost this lady more to send you to an agency than she would actually get from you.

She's full of shit.

Also, she's pregnant. So obviously fucking insane. (My wife is.)

Actually not true.

There are plenty of agencies that will collect on a contingency basis. If you are sending them relatively few accounts to collect (as I'm sure the daycare lady would be), it is often as high as 50-60 cents on the dollar.

Big time agencies eat this shit up all day long, they just throw the contact number in their dialer file, and if it connects, they harass the debtor and threaten to ruin their credit, 9/10 times they pay up for such a small balance.

If they tell the agency to stuff it or deny the dispute, 9/10 times the agency just marks it as unrecoverable and sends the original owner of the debt a notice basically saying "tough titty" since it's not worth their time.

Small time collections like this is almost exclusively on a contingency basis, unless you are using a local firm, or a lawyer who specializes in collections, in which case they are often fee-based.
 
If the contract says you owe a termination fee of one weeks wages, you owe it.
Doesn't matter if she's off for the next 2 weeks.

You should've given your 2 weeks notice, but instead it was verbally given that it was her last day.

It's small print stuff, but you have to pay her.
I think he's trying to say that he is giving his notice, but she is closed for the duration of said notice.

Therefore there's no difference.

Is he supposed to be forced to wait for a month to switch since she is closed?
 
I get that, but if the wife said "This is her last day" instead of "This is our two week notice" then he owes her.

If she said "this is our two week notice" first, then it's their word against her.
And for 120$ just pay the lady...but give her a fuck you and let it go to collections if your credit can handle it.
 
If the contract says you owe a termination fee of one weeks wages, you owe it.
Doesn't matter if she's off for the next 2 weeks.

You should've given your 2 weeks notice, but instead it was verbally given that it was her last day.

It's small print stuff, but you have to pay her.

Please don't bother to respond if you did not read the thread.

where is everyone getting one week from? jesus!
 
Send her a certified letter that you're giving your two weeks notice per your contract. The two of you can argue all day about who said what, but if you have something in writing that you can verify she received then I don't think she'd have a leg to stand on.

Would be nice if we could see a copy of the contract
 
I think you need to re-read the thread... we did give notice.

1. My wife argues that she actually gave 2 weeks verbally.
2. That night after getting her email that we owe her money, and figuring out that she misunderstood... we gave written two weeks notice.


:shrug:

ya I understand the situation. I get what you did/are trying to do.


you are going to do what you want... I don't know this lady, perhaps she's a huge bitch who deserves to be screwed.

I simply said that personally, I wouldn't feel good about taking advantage of the system to keep a hundred bucks from a pregnant lady who just had a kid.

there are plenty of people who don't have any moral problems with such things, TW is a great place to find them. Feel free to listen to them if that's what you wanted to hear.
 
Your best bet would be a pre-emptive letter from a lawyer (real or imaginary) informing her that you will vigorously contest all claims of breach of contract and state your intention to counter sue if they do. It doesn't really matter if the lawyer exists, as long as you send it certified.



Oh and btw, TW is the last fucking place you should ever ask for legal advice, especially when it concerns your credit, or you want any kind of answer grounded in reality (or backed by actual experience).
 
She can send you ass to collections all she wants (although it would be retarded for her do so and get pennies back on the dollar).

Unless you gave her your social (so it will effect your credit) or she tries to take you to court about it, just take the collections letter and throw it in the trash. Its like magazine companies they have no fucking recourse.


Btw i dont think this qualifies as extortion. But i do think she is a crazy bitch, put your kids somewhere safe next time.
 
I get that, but if the wife said "This is her last day" instead of "This is our two week notice" then he owes her.

If she said "this is our two week notice" first, then it's their word against her.
And for 120$ just pay the lady...but give her a fuck you and let it go to collections if your credit can handle it.

I'm not so sure this is correct.

Let's say that is what happened and she asks for the money... can't we then say... Ok we are sorry we will give two weeks notice... OOPS You aren't open for the two weeks and we dont owe you shit!?
 
Back
Top