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Suing Daycare for deposit money

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mofta7

Member
What is the name of your state (only U.S. law)? California

I had a disagreement with my kids daycare administration and decided to move my kid out of their "care". When I first signed my kid up I was told that this is a preschool and they have a 10-month program and they require checks for the 10-months upfront along with a deposit for a half month in June. As I was joining in the middle of the year (january) I only gave them January check and the deposit check. We had our dis-agreement on January 21 so I asked them to give me back my deposit and a prorated amount for the rest of January.

Today I got a letter from them stating that I should have paid all the monthly fees and then in case of termination I get back only 90% of their value back !
Meaning that I owe them 10% of all the remaining months.

That does not sound right to me and I dont remember ever signing anything like that. But they say that this is in their handbook and that by bringing my kid to them I agree to everything there. I didnt even finish a month with them.

What can I do to get my deposit back and cancel those extra charges?

If this is the wrong part of the forum please direct me to the correct one.
 


mofta7

Member
Sue the bad people in small claims court.
So I do have a case and it does not matter what their rule book says? can you guys direct me to what part of the law this falls under so I can cite it when I send them a demand letter?
 

Zigner

Senior Member, Non-Attorney
So I do have a case and it does not matter what their rule book says? can you guys direct me to what part of the law this falls under so I can cite it when I send them a demand letter?
This is a contract law matter. Your recourse is to sue in Small Claims Court. You have a 50/50 chance, more or less.
 

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