QUESTION

Non payment for service question

Asked on Sep 08th, 2013 on Business Law - New York
More details to this question:
A woman who's child I was watching owed me $60 (for 2 days of daycare at $30 a day) when she pulled her child from my care.Now when she did finally send me a check, she said " I am only going to pay 30 $ for 1 day of care since I overpaid you 1 day a few weeks ago. And your contract says that pay is only expected on the days your child receives care"What she is referring to is a courtesy payment she made to me as she told me day of, that her child was not coming that day.Now she wants to say that she is going to use that "courtesty payment" made weeks ago, towards her outstanding balance. Is this legal?
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1 ANSWER

Business Law Attorney serving Rochester, NY at Tully Rinckey, PLLC
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You could take her to small claims court but it would cost almost as much to file the papers as you are asking for. In the future you may decide it is wise to be paid up front.
Answered on Sep 10th, 2013 at 9:57 AM

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