Daycare arraers

[Middle Tennesse]

What is the name of your state? tennessee

the childcare that my children attended has notified me that i owe money for services provided in 2001 and 2002. to date they have not provided any proof of arrears other than a handwritten log of collected payments.

they are threatening to turn this over to collections.

what obligation do they have to provide proof and what would this proof be.

should i leave it go to collections and then dispute it ?

thanks

 

[I AM ALWAYS LIABLE]

My response:

Was your child in daycare during those dates?

IAAL

 

[Middle Tennesse]

Yes, I had 2 children enrolled in the summer program.

They have asked that I provide proof that payment was made but I am unable to obtain any documentation. I have asked them to provide proof to me that payment had not been made but they have not provided anything.

 

[I AM ALWAYS LIABLE]

Yes, I had 2 children enrolled in the summer program.

They have asked that I provide proof that payment was made but I am unable to obtain any documentation. I have asked them to provide proof to me that payment had not been made but they have not provided anything.

My response:

You're asking them to prove a negative? Certainly, you jest!

You admit that your child was in daycare, and you're unable to provide proof of payment - - and that's the burden you have.

Your account will go to collections, and you'll eventually be sued. And, all the while, your credit will suffer.

Pay the debt.

IAAL

 

[bearfootball]

"Your account will go to collections, and you'll eventually be sued. And, all the while, your credit will suffer."

Be sued??? spoken like a true collector. You're correct about your credit, but I'd say there is a 1000-1 chance that some credit shark would take the time and money to go after such a small amount.

 

[Ladynred]

How did you typically pay for the daycare ? If by check, then I suggest you call your bank and get copies of checks to prove your stance.

What is their problem with their records that this coming up now, that's what I'd be questioning. If they can't keep a decent accounting of their own business, I'd be skeptical of their whole operation - but them I'm a huge cynic anyway.

Unfortunately, you're either going to have to prove that you DID pay, or you're going to end up paying them all over again. I would, however, demand a copy of your account and all the transactions for as long as you've had your kids there. You'll have to request this in writing.

 

[I AM ALWAYS LIABLE]

"Your account will go to collections, and you'll eventually be sued. And, all the while, your credit will suffer."

Be sued??? spoken like a true collector. You're correct about your credit, but I'd say there is a 1000-1 chance that some credit shark would take the time and money to go after such a small amount.

My response:

Small businesses sue. They're the ones who can't afford to "write off" a debt. They aren't a department store corporation. So, the chances of a lawsuit are far, far greater.

IAAL

 

[Ladynred]

Its also not necessarily a 'small amount'. Good daycare is EXPENSIVE !

Just because we're in TN doesn't mean our kids are looked after by Mammy Yokum out of a run-down shack !

 

[I AM ALWAYS LIABLE]

What is their problem with their records that this coming up now, that's what I'd be questioning. If they can't keep a decent accounting of their own business, I'd be skeptical of their whole operation - but them I'm a huge cynic anyway.

======================================

My response:

I seriously doubt that this is the daycare center's first, or recent, collection effort. I'd be surprised if they haven't been dunning our writer for some time now - - and that the reason our writer finally comes here is because the collection efforts are finally becoming stronger and much more serious.

IAAL

 

[Ladynred]

IF that is the case, IAAL, then I would likely agree. However, if someone has goofed up their records and now they can't 'find' payments that WERE made, THEN I'd question their business practices. Perhaps they have a new accountant, or they installed a new accounting software package and things got screwed up in the process. I've personally seen THAT happen more than once.

Until the poster gives us more facts, neither of us can assume one way or the other now can we ?

 

[I AM ALWAYS LIABLE]

Until the poster gives us more facts, neither of us can assume one way or the other now can we ?

================================


My response:

Sure we can, and I certainly will.

Our writer admits to using the daycare during those dates. She admits that she can't find proof of payment; e.g., canceled checks, or even her check registers!

Our writer had the audacity to demand that the daycare center prove that she DIDN'T pay - - asking them to prove a negative. That's a big indicator of our writer's "intent".

The burden of proof is on her.

Quite frankly, I believe our writer came here to find a "legal escape route." And, I firmly believe that our writer is a deadbeat.

IAAL

 

[I AM ALWAYS LIABLE]

My response:

. . . and you'll notice that our writer hasn't come back to refute any of the facts, or my allegations.

I had her pegged once I asked her my question - - and she further buried herself when she responded.

IAAL

 

[Ladynred]

Well, not everyone has the time to come back during work hours

I'm not going to judge either way

I do know that banks are making it a practice more and more to NOT return cancelled checks with your statments. If they give you that option, you pay out the wazoo for the 'service'. My old bank in SC did that. They then offered copies of the check faces included with your statments. That was BS, they put like 12 checks on an 8-1/2 x 11 page, the damn things were reduced so much it was nearly impossible to read them, not to mention the quality of the things. They even charged for THAT "option", though less than what they charged for the actual checks. These days you're lucky if you get ANY kind of copy with your statments, the bigger banks don't anymore. If you want a copy of a check later, you have to ..tada.. PAY THEM PER CHECK for a copy !! Its a rip-off and shows the erosion of the concept of 'service'. It all makes it very difficult to get your hands on actual cancelled checks. My answer to this is duplicate checks, works like a charm (as long as you bear down when you write a check ! !). Of course, I'm a pack rat and I have check registers going back years - at least the recommended 7 years. Not everyone does this either. These days I rarely write checks, I pay almost everything electronically

 

[StickyFingers]

They then offered copies of the check faces included with your statments. That was BS, they put like 12 checks on an 8-1/2 x 11 page, the damn things were reduced so much it was nearly impossible to read them, not to mention the quality of the things.

That is true of my bank too. Those copies don't even show the back so you can see who endorsed it. If you want that then you have to pay another fee to get copies of the backs of the checks.

 

[I AM ALWAYS LIABLE]

My response:

Then you're both banking with the wrong banks. There are dozens of different banks who'd love to have your business - - and will do for you those things that you'd like; e.g., returning your canceled checks each month. Call around. You'll find one who'll fit you like a glove.

Anyway, Ladynred, I think you're making too many excuses for our writer, and are being a bit too liberal to think that our original writer is something more than a common deadbeat.

I think it's fairly obvious to anyone reading this thread - - especially to those who can readily identify a deadbeat looking for an "escape".

IAAL