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Daycare threatened action because no 30 day notice

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cmarquette

Junior Member
Oklahoma -

My wife and I are trying to move our daughter to a new daycare. We sent an email last week to the owner of our current provider stating our intent to move her. We said we wern't happy with the current Directors decisions and left it at that.

Today, I get a call from the owner stating we have to give 30 day notice that was stated in our contract and by not doing that the city will come after us for the money. That they will put liens on us, etc. I don't remember that part, but I'll agree it's probably in the contract. Now that she's called and threatened me I want to go yank my daughter out now and be done with this place, but that's not a valid reason to leave. What can I do? Am I absolutely required to give 30 days notice to a daycare center? If they don't provide the level of care we want, how can they hold us to a contract? Any information is appreciated, good or bad! Thanks!
 


VeronicaLodge

Senior Member
take your daughter out and pay the 30 days off.

the "city" isnt going to come after you, they (the daycare) would have to. they could sue you if it is in the contract and you could defend on the grounds of the level of care. only if they sue you and get a judgment can they then put a lien on anything.

I would start off with giving 30 days written notice of quitting the day care and ask for a copy of the contract to review. just know you might have to pony up the 30 days worth of care whether your daughter is there or not.
 

cmarquette

Junior Member
VeronicaLodge:

Thanks for the reply. We've contacted our new DayCare and they said she can start tomorrow, so we are pulling her. Now that I've cooled down, my thought is to contact the owner and let her know that we will extend our notice that we gave last week to 30 days and to pro-rate the amount to Dec 21 (I believe that is 30 days from when we sent the email). Unfortunately we don't have the cash to throw down for 2 DayCares, so she will have to settle for a payment plan. Thoughts?
 

Just Blue

Senior Member
VeronicaLodge:

Thanks for the reply. We've contacted our new DayCare and they said she can start tomorrow, so we are pulling her. Now that I've cooled down, my thought is to contact the owner and let her know that we will extend our notice that we gave last week to 30 days and to pro-rate the amount to Dec 21 (I believe that is 30 days from when we sent the email). Unfortunately we don't have the cash to throw down for 2 DayCares, so she will have to settle for a payment plan. Thoughts?
She does not have to "settle" for a payment plan. She can file a suit against you for not paying immediately.
 

VeronicaLodge

Senior Member
however, she will probably take what you give her as lawsuits cost money and take time. I would still ask for a copy of the contract to review.

but know, I'm not promising anything, she can always sue if you aren't paying what she thinks she is entitled to and in the matter she wants it. such is America!
 

cmarquette

Junior Member
My understanding is that there is a waiting list for a spot in my daughters room, so she will have it filled tomorrow with no money lost. So, we're shocked at her reaction. We've had nothing but good communication with her and even in the email it was stated that we thought the director didn't have the needed experience to run the center. No complains about care or any of the other staff... Honestly, this call out of the blue just threw me for a loop.

Anyway, if she wants to come after us for the full amount, she's welcome to. Because of being self employed and bad advice from an old CPA my wife and I filed chapter 14 three years ago to help with repaying taxes. We're on a 5 year plan, so any claim she has we can amend our chapter 14 to include under our unsecured debt and she'll get a fraction of what she could if she agreed to our payments..
 

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