If I get a week behind our daycare payment they threaten magistrate court. Is this legal?

Question

The 2 past emails are great…one from each profession...great. I am in Georgia. There was no contract and I'm embarrassed that I miss a week every so often and play catch up but I felt that the letter given to us was threatening. We are just taking about 2 week versus 30 days or more. I just didn’t know if any laws with the Magistrate Court would state that you would need to owe a business more than an X amount of days before suing someone.

Answer 1

I am not positive in how things are done where you live but, I do know they have the right to deny you service and refuse to take your child I am not sure they can leagally take you to court over one weeks late now if it were a month or more then yes but I do believe you should have been given some warning or letter then denied service first.

Answer 2

There weren't many details given.

Daycare providers, like most other services, operate on either a written or unwritten contract. In all cases, they are agreeing to perform a service for you, and you agreed to compensate them for their services.

If you have not paid them, they are under no obligation to continue to provide service to you or your child. Depending on the terms of the contract, they may or may not have to give you notice of their intent.

If you owe them money, and refuse to pay the money, (or even if you agree to pay and then do not pay (for whatever reason)), then they certainally can take you to court. What court they file the action in will depend on where you are and the court structure in your state/province.