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Daycare Center and Family Home Forum>Small Claims Court- Opposite of Other Poster
Unregistered 06:38 PM 11-22-2014
I may be facing the opposite situation of the other poster... As a provider, has anyone ever been the defendant in small claims court when a DCF was seeking a refund of their deposit? I have a disgruntled DCF that wants money returned to them but my contract clearly says the one week deposit is non refundable and applIed to the final week of care when notice is given that it will be their final week. They want the deposit, plus a full week of care in which they paid for the whole week but attended only 2 days before not returning. And they want a $20 copay for a dr. visit. They believe my care was negligent but it was not.

If they pursue small claims court (for an amount totaling less than $400) has anyone had experience being the defendant? I'm really worried now after reading the other thread. As said there, I thought my contract was my protection. Legally unlicensed BTW.

Thanks
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Laurel 07:27 AM 11-23-2014
Originally Posted by Unregistered:
I may be facing the opposite situation of the other poster... As a provider, has anyone ever been the defendant in small claims court when a DCF was seeking a refund of their deposit? I have a disgruntled DCF that wants money returned to them but my contract clearly says the one week deposit is non refundable and applIed to the final week of care when notice is given that it will be their final week. They want the deposit, plus a full week of care in which they paid for the whole week but attended only 2 days before not returning. And they want a $20 copay for a dr. visit. They believe my care was negligent but it was not.

If they pursue small claims court (for an amount totaling less than $400) has anyone had experience being the defendant? I'm really worried now after reading the other thread. As said there, I thought my contract was my protection. Legally unlicensed BTW.

Thanks
I wouldn't worry about it too much. It probably depends on the jurisdiction and the judge. I've never had it happen to me though. My only experience in small claims court was about damage to my car from an uninsured motorist years ago and the judge was wonderful and fair to both sides.

Is it possible that she is just threatening to go to court so you'll get scared and give her the money? Maybe you don't have to worry at all. I'd let it play out and take my chances with the judge.

Laurel
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Patches 09:05 AM 11-23-2014
Originally Posted by Laurel:
I wouldn't worry about it too much. It probably depends on the jurisdiction and the judge. I've never had it happen to me though. My only experience in small claims court was about damage to my car from an uninsured motorist years ago and the judge was wonderful and fair to both sides.

Is it possible that she is just threatening to go to court so you'll get scared and give her the money? Maybe you don't have to worry at all. I'd let it play out and take my chances with the judge.

Laurel
This is what happened to me. The parent threatened to take me to court over and over again. Never happened
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Unregistered 09:54 AM 11-23-2014
So far they haven't even threatened court but they sent an email requesting their refund by a certain date. So of course I'm just worried about the backlash when they don't receive the money.
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Laurel 11:04 AM 11-23-2014
Originally Posted by Unregistered:
So far they haven't even threatened court but they sent an email requesting their refund by a certain date. So of course I'm just worried about the backlash when they don't receive the money.
If you've already been clear with them, I'd just ignore the email. If not, I'd just quote my policy and not comment any further.

Just be careful what you put in writing if you reply at all.

Laurel
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Unregistered 05:03 AM 11-25-2014
Anyone else have experience with this? Thanks!
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