Daycare cost

[Jules0066]

What is the name of your state (only U.S. law)? Wisconsin

I tried to settle before the daycare owner filed paper work with the courts. Explaining I could pay a certain amount each month until the cost was paid off. She didn't like that. I have it on voicemail, her saying it wasn't good enough. She filed paperwork against me. I don't dispute it, but don't think I should pay court cost. I tried to settle it outside court. What are the chances that fee would be waived?

 

[Proserpina]

What is the name of your state (only U.S. law)? Wisconsin

I tried to settle before the daycare owner filed paper work with the courts. Explaining I could pay a certain amount each month until the cost was paid off. She didn't like that. I have it on voicemail, her saying it wasn't good enough. She filed paperwork against me. I don't dispute it, but don't think I should pay court cost. I tried to settle it outside court. What are the chances that fee would be waived?

You admit you owe the debt so presumably you have't paid as agreed. She is under no obligation to deviate from her original payment terms (in other words she doesn't have to settle).

 

[Jules0066]

There were no terms laid out. I offered what I could afford. I don't even recall signing a payment agreement at start of care.

 

[Proserpina]

There were no terms laid out. I offered what I could afford. I don't even recall signing a payment agreement at start of care.

You're going to need to stick to one story.

You either owe the money or you don't. You said you did. Now ... you're not sure?

 

[Jules0066]

I do owe it. There were no terms laid out. It just a past due daycare Bill. $378 I was just wondering if the filling fee is always paid by defendant?

 

[Proserpina]

I do owe it. There were no terms laid out. It just a past due daycare Bill. $378 I was just wondering if the filling fee is always paid by defendant?

"Past due" = not paid as agreed. Pay the lady, or take your chances in small claims.

http://lmgtfy.com/?q=who+pays+filing+fees+in+wisconsin+small+claims+court

 

[Jules0066]

I wanted to pay in full today so there was no judgement against me, but she wants me to pay the filling fee. I don't think I should have to.

 

[Ohiogal]

I wanted to pay in full today so there was no judgement against me, but she wants me to pay the filling fee. I don't think I should have to.

The filing fee is paid by the person normally who is in the wrong. If you would go to small claims and prevail (which based on what you have stated, you will not) you would not have to pay the filing fee. If you lose (which you will -- again based on what you have stated) you would have to pay the filing fee. So pay the woman the filing fee and past due daycare costs.

 

[Proserpina]

I wanted to pay in full today so there was no judgement against me, but she wants me to pay the filling fee. I don't think I should have to.

But Jules, why should she have to pay it? She had to sue you to get what she was owed and the only reason you wanted to pay her today was because she DID have to sue you and you want to avoid a judgment.

Pay the lady.

 

[Proserpina]

The filing fee is paid by the person normally who is in the wrong. If you would go to small claims and prevail (which based on what you have stated, you will not) you would not have to pay the filing fee. If you lose (which you will -- again based on what you have stated) you would have to pay the filing fee. So pay the woman the filing fee and past due daycare costs.

Phew, I thought it was just me.

Poor Daycare Lady shouldn't have had to sue to begin with!

 

[Jules0066]

She will get paid. I had my child in day care with state assistance. The state only covered a portion, and I was paying 40 weekly. She was okay with that until one day she need 60 a week. I couldn't afford it so I didn't send her back, as she started...the child can't come back unless 60 is paid. I took her out. Once I got the letter of my balance, I called to arrange monthly payments. Still she wanted something higher then I could afford. So she processed the claim. I never denied the amount owed. It wasn't months that passed...I just didn't have a huge lump some of money to give her. Once the judgement is in, I still won't have the money. So she then will get what I can afford, just like I wanted to settle upon before she filed.
Thanks for your help. She will get paid!!

 

[Proserpina]

She will get paid. I had my child in day care with state assistance. The state only covered a portion, and I was paying 40 weekly. She was okay with that until one day she need 60 a week. I couldn't afford it so I didn't send her back, as she started...the child can't come back unless 60 is paid. I took her out. Once I got the letter of my balance, I called to arrange monthly payments. Still she wanted something higher then I could afford. So she processed the claim. I never denied the amount owed. It wasn't months that passed...I just didn't have a huge lump some of money to give her. Once the judgement is in, I still won't have the money. So she then will get what I can afford, just like I wanted to settle upon before she filed.
Thanks for your help. She will get paid!!

How terrifically honorable of you.

Well done.