Concerned.Mom
Junior Member
What is the name of your state (only U.S. law)? Washington State
I am hoping someone can help me.
I signed a non-refundable deposit agreement to hold a spot in daycare for my child. Is there any way I can get it back? Please read on for further details.
I am located in Washington State. The signed preschool contract clearly states that the nonrefundable deposit is put towards the last months tuition of the last month of the school year. i.e. School year runs July 1, 2017 - June 30, 2018. The nonrefundable deposit goes towards June 2018 tuition.
The contract also states one month written notice to be given if we withdraw at any time before/during the year. I plan to give notice by May 31, 2017. If I ask the daycare to put it towards May 2017 tuition, do I have any legal way to enforce this given what I signed? Clearly - I know this will be up to the daycare owner, however I am trying to find out if there is any viable tactic I can pursue as I am out over 3k in deposits. Can I take it to to small claims court?
To share further background info - there are 3 broad areas of concerns/violations with the Daycare - which is why we are choosing to leave the school.
Labor & Industry
1) The Daycare is not in compliance with Labor and Industry rules as well as several WA State Dept of Early Learning (DEL) policies. I have heard direct complaints from current and former daycare staff. As a parent, I cannot do anything about L&I as I am not a staff member, however, I encouraged them to complain directly. All staff members I spoke with are afraid of retribution and have chosen to quit or remain silent.
WA State Dept of Early Learning (DEL)
2) Regarding DEL policies that I know are being violated - the DEL licensor I spoke with said they are not considered urgent - so they will do an unannounced visit within 7 business days and likely fine them. The violations I have physical proof for are the following (and a witness who was formerly employed there): 1) Not all current staff have completed background checks, 2) fire/earthquake/disaster drills have not being performed for over 7 months, and 3) an evacuation diagram/map is not posted.
WA State PTA
3) They have advertised a PTA in email and contracts, put the PTA membership dues in writing on their daycare contract, and appointed PTA members - all of which are illegal as they did NOT officially register with the WA State PTA organization. I have proof of this. The school is also saying they direct PTA funds and make all decisions for the funds. This is not what we were told. The WA PTA executive I spoke with said they will send a legal cease and desist order as soon as I lodge a formal complaint. As for getting my PTA money back, that will be up to the Preschool itself since they are not a legal PTA.
That said - is there any way I can try to get my $3k+ deposit back? I am debating small claims court, but know that the nonrefundable contract I signed is binding. There are 3 total families who wish to pursue legal action, if needed, though we hope to do it at a minimal cost. Appreciate your help in advance.
I am hoping someone can help me.
I signed a non-refundable deposit agreement to hold a spot in daycare for my child. Is there any way I can get it back? Please read on for further details.
I am located in Washington State. The signed preschool contract clearly states that the nonrefundable deposit is put towards the last months tuition of the last month of the school year. i.e. School year runs July 1, 2017 - June 30, 2018. The nonrefundable deposit goes towards June 2018 tuition.
The contract also states one month written notice to be given if we withdraw at any time before/during the year. I plan to give notice by May 31, 2017. If I ask the daycare to put it towards May 2017 tuition, do I have any legal way to enforce this given what I signed? Clearly - I know this will be up to the daycare owner, however I am trying to find out if there is any viable tactic I can pursue as I am out over 3k in deposits. Can I take it to to small claims court?
To share further background info - there are 3 broad areas of concerns/violations with the Daycare - which is why we are choosing to leave the school.
Labor & Industry
1) The Daycare is not in compliance with Labor and Industry rules as well as several WA State Dept of Early Learning (DEL) policies. I have heard direct complaints from current and former daycare staff. As a parent, I cannot do anything about L&I as I am not a staff member, however, I encouraged them to complain directly. All staff members I spoke with are afraid of retribution and have chosen to quit or remain silent.
WA State Dept of Early Learning (DEL)
2) Regarding DEL policies that I know are being violated - the DEL licensor I spoke with said they are not considered urgent - so they will do an unannounced visit within 7 business days and likely fine them. The violations I have physical proof for are the following (and a witness who was formerly employed there): 1) Not all current staff have completed background checks, 2) fire/earthquake/disaster drills have not being performed for over 7 months, and 3) an evacuation diagram/map is not posted.
WA State PTA
3) They have advertised a PTA in email and contracts, put the PTA membership dues in writing on their daycare contract, and appointed PTA members - all of which are illegal as they did NOT officially register with the WA State PTA organization. I have proof of this. The school is also saying they direct PTA funds and make all decisions for the funds. This is not what we were told. The WA PTA executive I spoke with said they will send a legal cease and desist order as soon as I lodge a formal complaint. As for getting my PTA money back, that will be up to the Preschool itself since they are not a legal PTA.
That said - is there any way I can try to get my $3k+ deposit back? I am debating small claims court, but know that the nonrefundable contract I signed is binding. There are 3 total families who wish to pursue legal action, if needed, though we hope to do it at a minimal cost. Appreciate your help in advance.
