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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 1718
Experience:  Practicing Attorney with 10 years experience
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Our previous daycare had kept inaccurate records of what we

Customer Question

Our previous daycare had kept inaccurate records of what we owed and, 2 years later, is trying to get us to pay the supposed debt. The owner initially admitted via email that she had errors. Then she wrote us and said that her records shows that we owed $2,630.95. We have reviewed our records which we take meticulously and, after spending 20 hours reviewing our records against her disoriented records, we have found that the daycare owes us $583. The owner was missing some checks of ours in her listings but came back and said we now owed $1,135.79. Since then she had come back saying that we NOW owe $309.82. Does this owner have the right to go after us for this supposed amount when our clear records show a balance in our favor? Can we go after our time spent doing her job if she should decide to pursue us for what we still believe is not accurate information on her part?
Submitted: 9 months ago.
Category: Legal
Expert:  Asad Rahman replied 9 months ago.

I had a similar issue with my son's preschool. If they file a claim in small claims court, you have your records which prove otherwise and in that case you could seek any attorney damages if you use an attorney to defend yourself. The court will not award you inconvenience damages for your time spent correcting their accounting problems, but if they file suit the court will try to ensure that you are compensated for any attorney costs. There would not generally be any pain and suffering damages either. I took a look and the statute of limitations for them to file a claim is 4 years. In some states, it only 2 year so that would have also helped put this to rest. Maybe send her a letter one more time and say that if she continues this wrongful collection attempts, you will be filing an injunction or restraining order against her for this through an attorney. Hopefully, that would be enough to get her to back off.

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