What is the name of your state (only U.S. law)? Minnesota
Hello quick question about small claims. Before our kid was born we were told to put down $200 to hold her spot for when my wife returned to work, we were told we didn't have to sign a contract. There was no contract signed whatsoever, except for our son who had been in that daycare and had a contract under his name since February of 2012, but no contract for our daughter. When we started him we received a daycare handbook with all the rates, rules, and regulations. Given that I can stay home much of the time and watch them, we only needed care for them 2 days per week. On the handbook it stated that part time care was available as long as the kids were there 2 days per week. When my wife called to tell the daycare that they would be there Tuesday and Thursday, they told us that they had not offered that since 2009, and we must have an old handbook. This is contrary to the handbook they had given us in 2012, which reflected current rates and the policy of offering part time care. We requested our $200 deposit back since we had not signed a contract and we had received written information telling us part time care was possible. The owner refused and said that since there was no contract they would apply the balance to our sons account. They claimed in the contract we signed that we were bound to full time care, even though it mentions that no where in his contract because I have a copy. I told her that she could not apply the $200 towards a different account since that was meant for my daughters spot. The owner said there was nothing to prove that we designated those funds to hold her spot. I did some digging and got a copy of the check, and on the "for" section it clearly states that the purpose is for my daughters deposit. They never had us sign a contract for our daughter, they just asked for money to hold her spot. Would I win in small claims court?
Hello quick question about small claims. Before our kid was born we were told to put down $200 to hold her spot for when my wife returned to work, we were told we didn't have to sign a contract. There was no contract signed whatsoever, except for our son who had been in that daycare and had a contract under his name since February of 2012, but no contract for our daughter. When we started him we received a daycare handbook with all the rates, rules, and regulations. Given that I can stay home much of the time and watch them, we only needed care for them 2 days per week. On the handbook it stated that part time care was available as long as the kids were there 2 days per week. When my wife called to tell the daycare that they would be there Tuesday and Thursday, they told us that they had not offered that since 2009, and we must have an old handbook. This is contrary to the handbook they had given us in 2012, which reflected current rates and the policy of offering part time care. We requested our $200 deposit back since we had not signed a contract and we had received written information telling us part time care was possible. The owner refused and said that since there was no contract they would apply the balance to our sons account. They claimed in the contract we signed that we were bound to full time care, even though it mentions that no where in his contract because I have a copy. I told her that she could not apply the $200 towards a different account since that was meant for my daughters spot. The owner said there was nothing to prove that we designated those funds to hold her spot. I did some digging and got a copy of the check, and on the "for" section it clearly states that the purpose is for my daughters deposit. They never had us sign a contract for our daughter, they just asked for money to hold her spot. Would I win in small claims court?