collecting late fees/other damages?

[WhiteRaven]

Missouri
I run my own daycare, specializing in "infants only" care. This couple brought me their baby from Feb. 26-March 21, but only paid me up to March 7th. The Dad promised to pay me on 3-21 but failed to ever show up again. After calling and leaving msg (of COURSE they weren't "home") I sent a certified letter to them requesting payment. No response. I am now preparing to file in small claims. I have several questions. First I was told by a fellow dc owner that I can sue for $5.00 per day late charge. However I am sure there is a legal "cap" on this. Can anyone tell me how much this is? Also I plan to charge them for failing to give me a weeks notice before taking child out of my care. Can I also sue for the wages I will lose by having to close my DC for the day we go to court? And I know this is a long shot, but because they failed to pay me on time (or at all in this case) my mortgage was late and I had to pay a late fee and have damage to my credit. Will the judge take that into consideration or consider that to be "greedy"? I don't want to appear greedy since, in this line of business parents frequently "walk out/no pay" and I might find myself in court again. I do however, want what is mine, what I earned and yes, part of me would like to "teach these ppl a lesson" because I am sick of these deadbeat parents thinking dc workers are "disposable" Plz advise and Thanks in advance.

 

[JETX]

"First I was told by a fellow dc owner that I can sue for $5.00 per day late charge."
*** You can only collect a late fee if it is your agreement and accepted by the parents. No late fee in agreement, no collect.

"Also I plan to charge them for failing to give me a weeks notice before taking child out of my care."
*** Again, what does your agreement say about notice and payment?

"Can I also sue for the wages I will lose by having to close my DC for the day we go to court?"
*** No.

"And I know this is a long shot, but because they failed to pay me on time (or at all in this case) my mortgage was late and I had to pay a late fee and have damage to my credit. Will the judge take that into consideration or consider that to be "greedy"?"
*** Your 'shortage' of funds is your fault and short-sightedness. They (the parents) are not liable for that.

"I don't want to appear greedy since, in this line of business parents frequently "walk out/no pay" and I might find myself in court again."
*** So, take care of that situation in your written agreement.

 

[WhiteRaven]

now I understand "trial by fire"

Ok, I am learning the hard way. Part of my original prob was that at first we only had a "verbal" agreement. I know that probably will not hold up in court, but one of my other clients has signed a statement saying that I did verbally go over things with her, if that would help at all. The late fees were not discussed, as I (shame on me ) was operating in good faith, that they WOULD pay and late fees would not be neccesary. I have since added that to my contract. We did go over the notice though. I agreed to give them 2 weeks to find a replacement if I would no longer care for the child and in return they agreed to give me a weeks notice if they no longer needed my care. (verbally)
when my computer was fixed I did give them a copy of the contract (on the day they were SUPPOSED to pay me) and as mentioned, they never came back at all.
I sent them a certified letter with a payment deadline (as per court suggestion) It was signed for by the Mother's brother. The deadline was April 1st. They did not contact me until yesterday evening and are now trying to "settle" for less than they really owe me and claiming that I sent it to the "wrong address". (then how did they get it and why is it that when I call the number listing that address they always answer?) I do not want to accept this amount solely on the basis that they aren't even willing to pay that until "Friday" (heard THAT before!!!! ) and I feel like they burned me once already and are now trying to do it again. Legally do I HAVE to accept this lesser amount? (ie... if I refuse will the courts disapprove?) A fast response would be very appreciated. Thanks for the eye openers and advice.