Should I pursue the following case in small claims court? is it worth my time or am I thinking about the law incorrectly.I paid a deposit for 2 children for daycare for the summer (_400$). This week I got into an argument with daycare and they have asked us to not come back after the end of the semester. However, they will not be refunding my deposit either. To me this is theft as I am paying for a service which they unilaterally cancelled. Am I incorrect?The argument was over one of my children. They asked me to come pick him up as he was sick. I came to get him. When I got there he seemed fine. I asked if they could take his temperature again. They refused multiple times. Eventually relent and I took my child home a few minutes later. Their claim is that I did not cooperate and I can therefore be expelled with no claim to my money. The one mistake I made was that one point in the argument after the lady turned her back on walked away from me saying 'I am not going to argue with you about this I am in charge.' I told her 'You will not handle me that way little girl.' I was sitting down and not raising my hands. Not, that she could see because her back was to me. They are also claiming that this statement was a threat. To my understanding and reading of cases this does not constitute a threat. An insult which i should not have done - yes. But, not a threat. Since they put this in writing this would constitute libel would it not?Please, understand. This place just a few weeks before sent my son home sick even though we had just come from the allergist who said that he was not ill and only had allergies. Despite that information. They sent him home the same day with a low grade (99 degree) temperature. Again today, they claimed he had a 99.3 (later they changed their story to 99.5 and lastly to 99.7) degree temperature. I think it is completely reasonable that I ask them to retake it.I live in Travis county. The childcare is in Williamson county.
05/14/2009 |
Category: Small Claims |
State: Texas |
#16672
In this response, I intend to give legal information, not legal advice. For legal advice, you must consult an attorney who is licensed to practice law in your state, is free of any conflict of interest, and is available to meet with you regarding your situation.
Sometimes the legal issues are the easiest, and that is the case here. Upon unilateral termination of a pre-paid personal service contract by a day-care provider, as a general rule of contract law, the daycare provider is not legally entitled to retain the entire pre-paid amount, but instead should pro-rate the deposit and refund the unearned portion to the customer. The conduct of the parties, either the provider or a parent, after the provider has unilaterally terminated the agreement is irrelevant.
You ask, however, if you should pursue a valid legal claim in small claims court. Is worth your time to do so? Probably not. No one ever finds vindication in a courtroom. Any day spent in court is a bad day, and the day in court isn't the only bad day if you decide to go to court: there are the bad days before court and the bad days after court. You and your family will be much happier and much better off - in tems of time, money, and experience - if you can find the strength to let go of this dispute. Enjoy your family, forget the dispute.