Does anyone know if i have a legal case here? Need to know about law suits.....? read below....thanks?

Question

i was an informal daycare provider for two young girls.The mother was starting to take advantage of me,by coming 45m-1hr earlier and dropping her kids off,not providing any food or milk etc...so i started setting bounderies.i asked her to start bringing millk and a dinner once a week and i typed up a contract that we both signed.one of the regulations in the contract was: To provide a two week notice if she was going to change daycares or if she didn't she would have to pay me $400 for lost income..well June 1st she called and said her children were ill and werent going to be over the next two days...seemed kinda fishy to me seeing i had them the entire day before and they were fine!so the next day i called to see how the girls were doing and left a message to call me back.no call back.the next day i see the girls walking and playing with some kids down the way.they were not sick.so i was going to give her my two week notice.but that night the police came and said that someone saw me..

pushing her oldest out the front door and yelling at her to "shut her F*&%ing mouth" First of all I DO NOT SWEAR!!! everyone who knows me knows that! and secondly..her children were angels! i have two of my own that drive my nutty..her kids were a blessing..never needed to be told to do something twice.I would never have done this!!! not even to my own kids or anyone else for that matter!! this Supposed witness said that this 'incedent occured two weeks prior.but they were unsure of which day.the mother reported it the day before the police came.If someone told me that a person that was sitting for my child did that.I would have confronted them and reported them to social services!.but everytime she sees my she runs and hides!.She knows that she lied and what she did was wrong!.I think she did it either to get out of the contract or to get back at me for setting up bounderies.not allowing her to take advantage any longer. So..do you think i can sue her for the money i am out?

Answer 1

It would be absurd for anyone to offer a definitive answer for your situation without looking at the language written into your contract.

Technically, you offer a service, and the contract is for payment for services rendered. The contract also states that services rendered would be provided under certain conditions and allowances. (I assume this much from what you've indicated)

However, there is specific language which needs to be used in the contract- language which makes your agreement "legal" and language which covers any possible loopholes which may exist.

At the minimum, both parties need to be identified and referred to in the same manner throughout the entire document. Dates and dollar amounts specified, and in some cases written out completely (no numbers, as numbers can get "misread" 1's and 7's sometimes look similar, dependant on handwriting or typeset) All stipulations must be clearly indicated, and any signatures must be dated, and prefaced with something indicating all parts of the document were read, understood, and accepted as a contract for services rendered.

It's probably not worth the trouble to pursue this matter. Have you truly lost a ton of money, or are you trying to get back at the parent?

Consider the children. If you think them as angels, do you want to put them through a possible court proceeding?

Answer 2

Well darlin, you cannot tell someone that they have to give you two weeks notice if they want to change daycares. I just watched a case on Judge Judy that is almost identical to your situation. I take my daughter to a REAL daycare and there's nothing in my paperwork about "two weeks notice." That is pretty ridiculous if you ask me. Once the problems started to occur with this lady, you should have told her you cannot provide sitting services for her children any longer. You shouldn't have let it continue. I honestly don't think you can get any money out of her. It's kinda your own damn fault for letting the situation escalate the way it did. And your "contract" should have been looked over by someone who knows how to write contracts so that they have to be enforced.

Answer 3

what happened when the police came? I would think about filing small claims and use a subpoena to bring in the witness. Most people will not lie in court if there is nothing in it for them except a contempt charge. Be ready to ask this woman what she claims she saw...what was she doing in the area....how far from the incident was she standing....she's lieing she'll want to book, then you have her for filing a false claim, libel, and who knows what else...an attorney can do the rest. Use your computer to research small claims in your area, try to get a free consult for further litigation, GO FOR IT. Child care is a tough job, and to many people are making false allegations that can ruin your business. May I suggest for future services that you contract an hourly fee for excess time and include the cost of food. This is good info so give me ten points....thankyou and sue the Bastards.

Answer 4

Anyone can sue anyone else for anything.


As someone else already wisely suggested, cut your losses and avoid these people. If you do not, you already know they will lie to the police (a felony in most states), so there is no limit to what they will do.

Lawsuits like this are usually not worth it and anything you were awarded (if anything), you would then have to collect. Which is an entirely different process than the suit. The court does not collect for you.

Cut your losses and move on with your life. And, stop pestering (stalking) the kids.

Answer 5

You said the police came and said that someone saw you. What were you seen doing?

I think, if the situation (her signing the contract) is as you say, you could take her to small claims court. You don't use a lawyer in small claims, and you each present your side to the judge. If she doesn't show up, you win by default.

Answer 6

didn't see the end of your question.. and you may have a small claims suit. you do have it in writing but if it is only for 400$ i regret to say it probably isn't worth your time/effort because small claims court is roughly 6600002 times less efficient than the DMV.

but if you are doing it for your dignity or whatnot with it in writing, you can probably win... three or four year from now..

you could however start the process and have a sheriff serve her the summons to scare her straight, but the sheriff costs money too...

Answer 7

Cut loss and move on. Depending on your state even an informal daycare could be required for you to have a license. You could act as a babysitter but most don't have contracts etc...so just move on.

Answer 8

It looks like she's trying to break the contract.
I'm not a lawyer, nor do I play one on television (sorry, just came out), but I would suggest you get one since you have a signed agreement.

Answer 9

Some thing don't make sense like police came why?

Answer 10

You lost me half way. You need to be more succint.