Question:

Legal advice needed for day care provider of non-paying parents?

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I run a day care. A parent has failed to pay for care. I have a contract that she signed. I know I can turn her into a local collection agency. But is there anything simple & cheap I can do through a lawyer. Such as can a lawyer write or sign a letter for me. I want her to know I'm serious in wanting my payment, but also want to do it in a way that will get her on her toes in hopes that she will pay so I don't have to go to court etc.

Also, is it legal for me to call other day care providers & warn them about her?

(Lesson learned - From now on I will require a deposit.)

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4 ANSWERS


  1. It's actually spelled: subpoena and it doesn't quite work the way that the above answer states.  

    A subpoena is basically a written COMMAND for someone to appear before a court or face punishment.

    A person served by a subpoena can make one of 3 choices:

    1.  Comply with it.

    2.  Convince a court why they should not have to comply.

    3.  Refuse it and possibly face punishment.

    Good luck and I hope you are able to recuperate your losses.

    Why is she refusing to pay?


  2. Yes, you can hire a lawyer to write a letter, but it costs less to just file a claim in reconciliation court.  It is questionable and possible slander to call other day care providers about her.  Your choice, once the parent didn't pay, was to refuse further service.   You did that.

    Instead of a deposit, you might consider to switching to a method where you collect fees in advanced, due on Monday of the week of care.

  3. You can file a judgment against the parents in court and they will send a document to them to be signed and to show up to court to settle the debt.

  4. it's called a sepina, a judge will have to issue it, but it forces them to pay you, and if they don't they go to jail.

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