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Old 02-19-2015, 09:01 AM
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shannon aden shannon aden is offline
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Default Being Taken To Court

good morning I am so happy to have found this forum. I have been a provider in oregon for 30 years and always had a written contract. My contract requires parents to pay a flat rate per month with no deductions for absent days and no refunds of unused days unless a thirty day written notice is given. I am licenced for 16 kids and staff a one to five ratio. My contract is clear tuition is based on a flat monthly rate once family signs the contract the spot is theirs until I get a written notice.

Last June a family left care on the 18th of June to keep child home with grandma who was visiting from china. She has filed a small claims case saying I owe her for the 9 days of care she claims I refused to fulfull over the summer as a drop in client.

I dont provide drop in care which i verbaly told her, I reminded her of our contract and told her she could use the days in June as she saw fit. I filed the spot July 1st

She called over the summer as well as text asking for care to which I said no because the spot was not available. I reminded her that drop in care was not available.

In December she demanded i work for her for 9 days and wanted him back in care for January and part time in February. I said no that started the ball rolling.

I am headed to court on the grounds of standing by my signed contract she said we have a verbal agreement.

I just want your thoughts or legal advise a signed contract should trump any verbal agreement she thinks there was?
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Old 02-19-2015, 09:09 AM
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It is my understanding that a written contract cannot be changed verbally. However, if you written contract is not clear as to it's meaning then you could have an issue. Sounds to me like she is upset because you won't take her child back, but the ratios are ratios and surely the judge will understand that you couldn't hold the spot for six months. Let us know how it turns out.
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Old 02-19-2015, 09:22 AM
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KiddieCahoots KiddieCahoots is offline
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On Judge Judy she'll ask for proof of the verbal agreement being carried out, otherwise she always goes with written and signed contract.
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Old 02-19-2015, 10:54 AM
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Quote:
Originally Posted by shannon aden View Post
good morning I am so happy to have found this forum. I have been a provider in oregon for 30 years and always had a written contract. My contract requires parents to pay a flat rate per month with no deductions for absent days and no refunds of unused days unless a thirty day written notice is given. I am licenced for 16 kids and staff a one to five ratio. My contract is clear tuition is based on a flat monthly rate once family signs the contract the spot is theirs until I get a written notice.

Last June a family left care on the 18th of June to keep child home with grandma who was visiting from china. She has filed a small claims case saying I owe her for the 9 days of care she claims I refused to fulfull over the summer as a drop in client.

I dont provide drop in care which i verbaly told her, I reminded her of our contract and told her she could use the days in June as she saw fit. I filed the spot July 1st

She called over the summer as well as text asking for care to which I said no because the spot was not available. I reminded her that drop in care was not available.

In December she demanded i work for her for 9 days and wanted him back in care for January and part time in February. I said no that started the ball rolling.

I am headed to court on the grounds of standing by my signed contract she said we have a verbal agreement.

I just want your thoughts or legal advise a signed contract should trump any verbal agreement she thinks there was?
On what date did the family submit their written notice?

What date did their 30 days end on?

Does your contract address part and full time as well as drop in or the fact that drop in is not an enrollment status?

Depending on the answers, you may have a good case.

The verbal part shouldn't play a role in any of this unless withdrawal was not followed according to your contract.
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Old 02-19-2015, 01:13 PM
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Ariana Ariana is online now
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A verbal contract still has to be verified so unless she tape recorded you (without consent is inadmissible depending on state) you should be fine.
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Old 02-19-2015, 04:04 PM
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shannon aden shannon aden is offline
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no written notice was given she said i told her it was not needed
my contract is monthly flat rate contract should end with written notice non was given but we both agreed June was his last month she paid in the 2nd of june and 16th of june and used care until the 18th of june.
in my contract we write days of care hours of care and tuition amount my contract strictly states child care is based on a flat monthy rate with no deductions for absent days , vacation or sick days.
If i were to provide care for two days or five we write that in the contract and sign it
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Old 02-19-2015, 04:17 PM
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Blackcat31 Blackcat31 is offline
 
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Originally Posted by shannon aden View Post
no written notice was given she said i told her it was not needed
my contract is monthly flat rate contract should end with written notice non was given but we both agreed June was his last month she paid in the 2nd of june and 16th of june and used care until the 18th of june.
in my contract we write days of care hours of care and tuition amount my contract strictly states child care is based on a flat monthy rate with no deductions for absent days , vacation or sick days.
If i were to provide care for two days or five we write that in the contract and sign it
So technically she paid through the end of June, at which time her contract was over per no additional payment being made (I am assuming you are pre-pay) but then wanted you to do care after June 30th?

If that is the case, then she has no case.

She "could" have used days between the 18th and 30th of June since she paid for that time but she forfeited that time. She has NO claim for care outside of the time period in which she paid.

Had she requested time between June 18-30 (EVEN if you both verbally agreed to his last day being June 18), she may have had a case because of the payment and nothing being in writing but I think you will be just fine in court.

Keep us posted as to how it goes. I'm curious now about the outcome.
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Old 02-19-2015, 06:27 PM
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I agree with BC. Keep us posted!
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Old 02-20-2015, 03:52 PM
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make sure you counter sue for your time and loss of income going to court for this.
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  #10  
Old 02-21-2015, 09:52 AM
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make sure you counter sue for your time and loss of income going to court for this.
Yes, you should do this.
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  #11  
Old 02-21-2015, 12:45 PM
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Quote:
Originally Posted by shannon aden View Post
no written notice was given she said i told her it was not needed
my contract is monthly flat rate contract should end with written notice non was given but we both agreed June was his last month she paid in the 2nd of june and 16th of june and used care until the 18th of june.
in my contract we write days of care hours of care and tuition amount my contract strictly states child care is based on a flat monthy rate with no deductions for absent days , vacation or sick days.
If i were to provide care for two days or five we write that in the contract and sign it
Unless your contract states no written notice is needed, she's just trying to be an idiot. The fact is that you both agreed that the last day was (in June) and that's just too bad, even if she didn't give you written notice, she didn't bring him back in June. You actually did her a FAVOR by not requiring a written notice, as that would have put her at least 2 weeks in July (more than likely) where she would have paid for care.
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