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tasha73

Guest
What is the name of your state? CA

I am being sued in small claims court by my former daycare claiming unpaid tuition and cancellation fee. My contract was for daily rate and for the last six months I paid for only the day(s) attended. In Dec, she asked for a new contract in which I had to choose either weekly tuition or drop in rate. My child was ill and I didn't return the updated contract by the date requested. When my child did return the following Friday, I left a payment for the days attended but not the new contract because I wanted to let her know that after the first of the year we wouldn't be using her services. The following Monday, my sister took my child to daycare and they refused to care for my child telling my sister that I owed two weeks tuition and the new contract. I was mad that I had to leave work to care for my child so I decided to just cut my losses and not return to that daycare. My husband and I juggled child care for a week before vacation and then when we returned enrolled in a new daycare.

Question 1: Didn't she breach any contract by refusing care? Her contract states "two weeks notice by either party"
Question 2: How can she assume a weekly rate since any implied contract would be drop in?
Question 3: Can we file a counter claim for the time off we had to take? We used P.T.O. Can we claim the registration fee for the new daycare? (Even though I had already decided to switch)
Question 4: She sued using her personal name, but the contract is with her daycare center. Can she do this?
 


JETX

Senior Member
"Didn't she breach any contract by refusing care?"
*** Depends. Were payments made in advance and did you pay it??

"Her contract states "two weeks notice by either party""
*** And did YOU give two weeks notice to terminate??

"How can she assume a weekly rate since any implied contract would be drop in?"
*** How do you presume that there was an 'implied' contract?? Or that the contract was at 'drop in' rates??

"Can we file a counter claim for the time off we had to take?"
*** Of course you can file a lawsuit (or counter-claim) for anything you want. However, based solely on your post, I doubt that you would prevail.

"Can we claim the registration fee for the new daycare?"
*** Again, yes, you can 'claim' it, but you won't win.

"She sued using her personal name, but the contract is with her daycare center. Can she do this?"
*** Depends. Is the center a proprietorship, partnership or corporation??
 
T

tasha73

Guest
JETX said:
"Didn't she breach any contract by refusing care?"
*** Depends. Were payments made in advance and did you pay it??
*** Payments were never in advance. I paid at the end of the week for the day or days that my child was there.

"Her contract states "two weeks notice by either party""
*** And did YOU give two weeks notice to terminate??

*** No I did not...I felt she was the one to break it first. I know I should have...I was so upset by the inconvience she caused.

"How can she assume a weekly rate since any implied contract would be drop in?"
*** How do you presume that there was an 'implied' contract?? Or that the contract was at 'drop in' rates??

***Although the contract was for weekly tuition, she took daily rates and throughout the course of the care my payments to her were for whichever days attended hence an implied contract by engaging in that conduct.

"Can we file a counter claim for the time off we had to take?"
*** Of course you can file a lawsuit (or counter-claim) for anything you want. However, based solely on your post, I doubt that you would prevail.

*** That's what I figured

"Can we claim the registration fee for the new daycare?"
*** Again, yes, you can 'claim' it, but you won't win.

"She sued using her personal name, but the contract is with her daycare center. Can she do this?"
*** Depends. Is the center a proprietorship, partnership or corporation??

*** Probably a sole proprietorship.
Also, since we were paying only for the days attended, and the cancellation fee is two weeks tuition, how would this work?
 

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