Daycare taking me to small claims

A

angela1679

New Member
Jurisdiction
California
On December 3 I had to pay daycare up front $260 to secure my spot.
On December 5 I started a new job
On that Friday the daycare called and said my son was "sick" I pick him up early and he was fine all weekend..the 2ND week same thing on a Friday he is "sick" so I leave my new job again to pick up my son. My son is actually sick from a food allergy for a week from daycare. No where in the contract it states to pay $260 just a $40 enrollment fee
The 3rd week I go to pick up my son and the daycare provider is no where to be found
Her 13 year old daughter was watching my son and another little boy and had told me a neighbor fell and her mom (daycare provider) went to help her.
That was it for me, I gave her my 2 weeks notice.
Yesterday she said I need to drop off my payment of $260 or she will file small claims court.do I have a case here too or will she get her $ from me ?
 
angela1679 said:
Contract
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I suggest you read the contract, or have someone read it to you.
A $100 deposit is required, as is $130 a week fee.
I suggest you discuss the charges with the day care owner, so that you better understand the fee payment schedule, and when you are required to pay the $130 fee, and what the $260 you allegedly paid was going to pay for you.
 
Did you clarify with her what the $260.00 was for?
 
army judge said:
I suggest you read the contract, or have someone read it to you.
A $100 deposit is required, as is $130 a week fee.
I suggest you discuss the charges with the day care owner, so that you better understand the fee payment schedule, and when you are required to pay the $130 fee, and what the $260 you allegedly paid was going to pay for you.
Click to expand...
I was just confused on the payment because like she needed the $260 up front which I paid on Dec 3 a Saturday the care was to start Dec 5 Monday ..I'll have someone go over the contract with me thx for responding :)
 
I wouldn't have paid her the $260 - that amount was not in the contract you signed. You were supposed to pay the $40 deposit and $100 fee that you were to get back after six months. Then $130 a week.

Did you pay the weekly fee too after the $260? If you terminated with her then just block her. If she takes you to court, she does. You can deal with it then. But you paid what you were supposed to and then some. She should give you a reimbursement. But lots of people threaten to sue and don't. She's just trying to get money out of you.
 
leslie82 said:
I wouldn't have paid her the $260 - that amount was not in the contract you signed. You were supposed to pay the $40 deposit and $100 fee that you were to get back after six months. Then $130 a week.

Did you pay the weekly fee too after the $260? If you terminated with her then just block her. If she takes you to court, she does. You can deal with it then. But you paid what you were supposed to and then some. She should give you a reimbursement. But lots of people threaten to sue and don't. She's just trying to get money out of you.
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I paid her $260 up front on Dec 3 she said that's to secure my spot. Care started on Dec 5..I paid another $260 on the 16 and gave her my 2 weeks notice since she kept calling me and texting my family how my son was sick every Friday.. She has her 13 yr old daughters watch the kids some times too
That doesn't work for me..she said his last day would be January 4 and for me to make another $260 payment even if he doesn't go.
 
angela1679 said:
I paid her $260 up front on Dec 3 she said that's to secure my spot. Care started on Dec 5..I paid another $260 on the 16 and gave her my 2 weeks notice since she kept calling me and texting my family how my son was sick every Friday.. She has her 13 yr old daughters watch the kids some times too
That doesn't work for me..she said his last day would be January 4 and for me to make another $260 payment even if he doesn't go.
Click to expand...

But your contract with her does not state that you need a $260 deposit. I believe it said a $40 deposit. Then a $100 deposit you would get back after six months. So you would have only had to give her $140 to get a spot.

Then it's $130 a week. So if you gave her $260 you paid for two weeks.

You are paying for his spot whether he is there or not. This is how my daughter's day care works. Hers is $200 a week. The only time they don't charge me is if she's in the hospital 3 days or more OR they are closed. If I take her out because I have the day off or she is sick then I still have to pay for that day. So example - they were closed the 26th for Christmas but then opened up again 27th. I had 26th - 27th off from work. So I got charged for 27th even though she wasn't there. Because I pay to keep that spot for her.

Now when she was in the hospital for 3 weeks in November they did not charge me. Because she was in the hospital.

That place you were at sounds shady and I would not have taken my kid there. Especially when she was asking for deposits not in the contract.

Just block her phone number. Block her on social media. If she continues to harass you call the cops. You paid her what you owed. As long as you paid $130 a week for the month of December he was there then you don't owe her a thing.
 
angela1679 said:
I paid $520 total. first date was Dec 5
End date was Dec 16
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Was the end date the last day you took him or the day you told her about your two weeks notice of removing him? Because you said that his last day would be Jan 4.

So from 5-16 December you should have only paid her $100 deposit (that would be returned 6 months later). Then $260 for the two weeks he was there (if he was only there 5-16 Dec). The $40 deposit to secure. You should have only paid her $400 IF your son was ONLY there from 5-16 December. Now if you gave her two weeks on 16th then he was there another two weeks that would be another $260. So you would all together owe her $660 if he was there all of December.
 

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