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Attorney 1
Attorney 1, Attorney
Category: Consumer Protection Law
Satisfied Customers: 2446
Experience:  Knowledgeable and Experienced Attorney
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Our previous daycare wrote us an email admitting that they

Customer Question

Our previous daycare wrote us an email admitting that they had errors in their accounting (the manager was fired as a result) and we owe them a balance of about $2800. We challenged it and the owner of the daycare came back with a spreadsheet showing their inaccurate bookkeeping. After spending about 20 hours going through 2 years of records and gathering checks from our online bank account, we were able to identify that a check we made to the daycare was NOT accounted for in the owners' records. The owner then started adjusting some entries (with no apparent audit trail) and came back with a new balance of over $1,000 accounting for the check we provided proof of. We went through her NEW file again and verified that the daycare owed US approximately $500 (exact figures are captured in our detailed spreadsheet). The owner has since returned to us once more with an email and yet another spreadsheet of her supposed accounting records showing that we STILL owe her approximately $300.At this point, we do not have any confidence in her records nor her explanations. Can she pursue collection given her grossly erroneous bookkeeping? If so, can we go after the large number of hours we spent to do what we believe is her job which is manage her business appropriately? Are there any recourses for us to take?
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Attorney 1 replied 9 months ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

I'm sorry to hear of this unfortunate and frustrating ordeal. Technically the owner of the day care could pursue collection action, though it seems clear from your posting that doing so would not be in her best interest. Pursuit of collections, under the circumstances, is neither warranted nor justified and constitutes illegal harassment. In the event collection action is pursued, you could technically sue for an injunction to prevent any further harassing collection techniques, and if the matter is reported to the credit bureau's, the owner could be liable to you for defamation and credit damage. The cost to this proprietor would far outweigh any potential benefit she could ever hope to gain.

Unfortunately, you can't collect for your time and frustration. The good news is that the law favors your position and since you already have the correct accounting, there is no need for you to expend additional time and energy on the matter, with the exception of sending the daycare a detailed demand letter insisting they cease and desist all collection and billing attempts on this account, providing them with very detailed attachments showing their errors. She can then spin her wheels to figure it out for herself or risk serious legal consequences. Chances are that it short, concise letter is all it will take to end this matter.

Expert:  Attorney 1 replied 9 months ago.

Is there anything else I can do for you tonight? I'm here to help.

Expert:  Attorney 1 replied 9 months ago.

I hope this helps. If you need additional information or clarification, please let me know and I will continue providing assistance. If I have addressed your concerns or pointed you in a positive direction, please remember to leave a positive rating when prompted, as that is how attorneys on this site are credited for the help we provide.

Good luck!

Best,

Attorney 1