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Daycare Center and Family Home Forum>Threatened with small claims...how long before it's clear it's an empty threat?
Unregistered 11:37 AM 03-05-2014
I'm the OP of this thread...
https://www.daycare.com/forum/showth...Trouble+parent

The mom decided to forfeit her spot prior to their start date after I held the spot for 3 months. They put down an 8 week deposit which they asked for a refund, I, of course, refused. DCM threatened legal action over a month ago. I know she was going to consult with a lawyer before taking it to small claims...I can only assume that the lawyer looked at everything and told her my contract, stating that deposits are nonrefundable, would hold up in court.

My question is, how long after a threat of small claims court would it be safe to assume there will be no legal action taken? It's been 1 month since she withdrew and threatened me.
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TwinKristi 12:25 PM 03-05-2014
Originally Posted by Unregistered:
I'm the OP of this thread...
https://www.daycare.com/forum/showth...Trouble+parent

The mom decided to forfeit her spot prior to their start date after I held the spot for 3 months. They put down an 8 week deposit which they asked for a refund, I, of course, refused. DCM threatened legal action over a month ago. I know she was going to consult with a lawyer before taking it to small claims...I can only assume that the lawyer looked at everything and told her my contract, stating that deposits are nonrefundable, would hold up in court.

My question is, how long after a threat of small claims court would it be safe to assume there will be no legal action taken? It's been 1 month since she withdrew and threatened me.
So you haven't heard from her in a month since she made the threat or is she still contacting and threatening you? If she hasn't contacted you since and you haven't received any papers in the mail or officially served then I would agree a lawyer told her she was outta luck on that one.
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Unregistered 12:34 PM 03-05-2014
Originally Posted by TwinKristi:
So you haven't heard from her in a month since she made the threat or is she still contacting and threatening you? If she hasn't contacted you since and you haven't received any papers in the mail or officially served then I would agree a lawyer told her she was outta luck on that one.
I haven't heard from her in a month.
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itlw8 12:49 PM 03-05-2014
You just never know, she could now find the time, or money to file. She may not have seen a lawyer. Keep all your paperwork you never know.
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TwinKristi 12:56 PM 03-05-2014
Originally Posted by itlw8:
You just never know, she could now find the time, or money to file. She may not have seen a lawyer. Keep all your paperwork you never know.
Well of course one never knows, you have to keep all the paperwork anyway.

Statute of limitations on breech of contract varies by state. In my state it's 4 yrs.
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Second Home 01:36 PM 03-05-2014
Here in MD it is 3 years to file small claims .
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Tags:small claims, small claims court, statute of limitations
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