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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29546
Experience:  Lawyer
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Can a daycare Company, (after I no longer have my child in

Customer Question

Can a daycare Company, (after I no longer have my child in that daycare) Go back in my account charge me for late fees, 2 years back, when my account balance said i owe $ 0.00 ???
JA: What state are you in? It matters because laws vary by location.
Customer: CO
JA: Has anything been filed or reported?
Customer: they turned it into collections
JA: Anything else you want the lawyer to know before I connect you?
Customer: I only got one email saying I owe these fees, after that, the company I worked for closed, and I had a different email. They never called, they never sent a bill. I just got the letter from the collections co. after a year of them emailing an email I no longer had, But upon leaving my account balance online said zero!
Submitted: 7 days ago.
Category: Legal
Expert:  Lucy, Esq. replied 7 days ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The statute of limitations in Colorado for breach of contract is three years. If you actually did owe late fees two years ago when you closed your account, they could still collect it. However, they have the burden of proving that you owed the money, that you were late, and when these fees accrued. You have a right under the Fair Debt Collections Practices Act to demand verification of the debt. They also need to prove that the original contract with the day care company allows for late fees - otherwise, they're not entitled to anything.

If they're charging you late fees on a $0 balance, then no, that's not collectible because you didn't owe anything.

If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

Customer: replied 7 days ago.
Thank you, ***** ***** account balance was zero when I left the daycare services..... But they when back into my account, and looked for any times I had paid late, (now they automatically, take money from your Credit card online weekly if you should pay late) But this company went back in to my account to see if they had missed any.
Expert:  Lucy, Esq. replied 7 days ago.

Any late payments before June 16, 2014 cannot be the subject of late fees no matter what. But if they tried to sue, you could also defend on the basis of estoppel. The original company never tried to charge late fees. Because of that, you had later payments that were late. Then they told you that you had a zero balance, and you relied upon that when closing your account with them.

Expert:  Lucy, Esq. replied 4 days ago.

Do you have any other questions about this?