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Being sued by former Day Care

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BethR

Guest
MA~On February 15, 2000 I left a Non-refundable deposit to hold a spot in this family day care until my daughter would start on April 17th. I signed the contract. On Monday January 29, 2001 the child provider handed me an envelope and said I wanted to get this out at the begining of January but, I couldn't. There are some changes read it over. Directly on the envelope it states to have it back to her by Wednesday the 31st.

The changes are so drastic. She now wants to be paid monthly and to give the month notice if we terminate the contract. The payment is due the first Monday of each month. The original contract states I pay her every Monday(weekly)

I was furious that she gaves us three day notice of this drastic change. She put me in a situation that I would lose either way. So I feel I was forced to find a new day care in record time. I found one! And I informed her Thursday afternoon( February 1st) that this would be her last day.

She went crazy stating that I owe her for two weeks. I signed the contract, etc.. Well this is true however, If my contract is from year to year. I was without a contract for 29 days and could of ended at any time (so could she) or if my contrat was up in April the date of Admission...Why is she changing this in the middle of my contract. She is now sueing me for the 2 weeks, advertising fee and 5 weeks loss of income!!!

Can she win? She gave me a three day notice to have the signed contract back and it would be active that following Monday. It states in the contract that I need to give her a two week notice if I leave. What about her giving me notice of such a drastic change. This would be a hugh finicial burden.


Thanks for your help!!!

She

[Edited by BethR on 03-01-2001 at 02:15 PM]
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

If you didn't sign the new agreement to hold you to a longer contract term, and/or she didn't display good faith when giving you the new terms, consider it a wash.

Have her take you to small claims if she so desires and be prepared to show the judge your proof of why you DO NOT OWE MONEY, OR AT LEAST TO THE EXTENT SHE SAYS.
 

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