Parent refuses to pay me, can I keep her stuff?

[Tasha]

Jurisdiction

Virginia

I babysit children in my home during the school year. I had a parent put in their 2 week notice. She was only required to pay half fee ($50) since she would not be in my care. She then decide that she wanted her child to come 1 day on the last week. She was then required to pay full fee (another $50) since she in turn did come. When it came time for payment, she only paid $30 instead of the $50 she owed. I contacted her several times and even gave her a warning about a $5/day late fee. She has been ignoring my messages. They are now wanting the pack and play they left at my house but I told them that I will release it after I have received funds due which since then gone up ($140). Am I allowed to hold on to it until they pay?

 

[zddoodah]

I had a parent put in their 2 week notice. She was only required to pay half fee ($50) since she would not be in my care.

In the second sentence posted above, you use the pronoun "she," indicating that you're talking about a female. However, in the first sentence quoted above, you use the pronoun "their," indicating you are talking about multiple persons. Who exactly are you talking about here?

In any event, nothing in your post suggests you have the legal right to keep anyone's property in order to extort payment of whatever fees you believe are owed.

 

[txls]

Well you "can" try that of course and see how it goes.

 

[mightymoose]

If they show up to collect their property you should give it to them, however there is absolutely nothing wrong with demanding payment. Just don't hold the property or deny access to it if they physically come for it.

In reality here you got stiffed for $20. You need to ask yourself whether it is worth fighting over. If the child comes back to your day care in the future you might require payment then, otherwise forget about it.

You might also try a middle road. If the late fees have accumulated to $100+, tell them you will settle for $50 or $75. Maybe they will pay up, maybe not.