pstarkey921
New Member
I sent my children to a local daycare. They had been attending for 10 months. When daylight savings time happened, the pick up area became extremely dark. I was hit by a car backing out of a space just as I had finished closing my door from putting my children in the car. I was not injured. My husband went to drop the children off the next day and spoke to the owner of the building. He told them what had happened and suggested that some additional lighting be added as safety measures. The owner stated that he could not afford it (even though they have over 400 kids attending the day care with an average rate of $100 per week). My husband said that was an unacceptable response when it came to the safety of the children, they both got into an argument and the owner ushered my husband with children in tow out the door stating that he did not need our children there. We then promptly stopped payment on the check and then went on a search for a new day care - this took about 3 days. Two weeks later we received a summons in the mail for the full week of tuition. We went to mediation and we offered to pay for the day that the children attended the school, they did not accept. So now we are to go back in front of the judge. When we spoke to her the first time she was really concerned about the documents that were signed. She said what ever the documents state is what her ruling is. She said unless they ripped up the contract that it was still valid even though they did not accept us at daycare that day. She said we could have forced them to watch our children (5 ,3 and 1 years in age). Besides the fact that I believe this lady has lost touch (why would I force people to watch my small children for 9-10 hours a day when they clearly don't want them?), I believe there may still be hope. I signed the documents and the check. My husband is on the bank account and checks, but has never written a check from the account. He is the only one named on the suit. Because he didn't sign any documents or agree to any terms - can we get this case dismissed? Thank you so much for your help and I hope you bring good news.
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