non payment on contract

[pooh4bmj]

YOUR STATE NAME - YOUR STATE NAME - Oregon

i am getting ready to file a small claims against someone who broke a contract w/o 30 days notice. I do child care and a mom cancelled her child care w/o notice and she is still required to pay it but she says that she won't because she can get me on "defamation of character". her son is 1/2 hispanic and is very fussy. i asked her one time "if she thought that maybe being 1/2 hispanic might have something to do with his fussiness?", not a statement but a question and there were no witnesses to this either, well except her 3 month old son

can she do this? Will she have grounds to "counter-sue"?

 

[JETX]

Q1) "can she do this?"
A1) Do what... countersue you??? Of course she can. Everyone can sue anyone for almost any reason.

Q2) "Will she have grounds to "counter-sue"?"
A2) See A1.

I believe your real question is "could she win?". Based solely on your post and absent any other claim by her, I doubt that her claim would support her breach of the childcare agreement. Simply, don't let her weak threats of possible claim deter you from enforcing your contract.