I put my son in a home daycare. I signed a contract that stated that I would give her a weeks notice and pay before taking him out. I walked in last week to pick him up early nad found her screaming at my 2 year old cursing him and telling him to shut up while he screaming scared in the corner. Needless to say; I took him home and never took him back there again. Now she claims I still owe her 100$. She cant take me to small claims court for that little of money can she? I reported her abuse and I dont really want to pay her.
2007-04-17 04:14:22 · 15 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes -- that's why they call it "Small Claims Court" Get it?
2007-04-17 04:18:13 · answer #1 · answered by Anonymous · 2⤊ 0⤋
She can take you to court you signed the agreement stating the week in advance so you owe her 100 dollars pay it so your cost don't also add up to more. Since you left there was no notice. so she can charge you for the week you had him in the day care and the week you were supposed to give for the notice.
also if you do end up in court that means she will be missing out on her job so she can charge you for that too and the court costs. Do you really want that? Pay the hundred dollars.
That would be like your job letting you go without giving you the severance pay you were promised by contract.
2007-04-17 04:19:20 · answer #2 · answered by mystic_rage879 2 · 1⤊ 0⤋
I have seen people go to small claims over $5. In that case, the real reason was to "punish" the other party by making them pay the $50 in filing fees as well as the $5. You know her better than we do. Is she likely to give up a days pay to sue you for $100? $100 is a lot of money to some people. Richard
2016-05-17 08:09:47 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Yes, she can take you to Small Claims Court. As you signed a contract that stated you would give her a week's notice and pay before taking him out, you will likely end up having to pay the amount due, plus Court Costs and Attorney Fees.
Every time you go to Court it is a risk, it will be up to the Court to decide the outcome based on the fact, however, if you signed a contract ahead of time, and depending on what State you reside in, your daycare may be entitled to the full week's notice regardless of circumstance.
Better solution might be to offer in WRITING, keeping a copy for yourself, to spilt the difference and offer $50. That way, if she refused and it ends up in Court, you have met a due diligence requirement of trying to resolve the matter in a reasonable, mature, matter and the Judge will be more likely to rule in your favor.
2007-04-17 04:37:09 · answer #4 · answered by bottleblondemama 7 · 0⤊ 1⤋
Yes and if she wins she can claim court costs too. She doesn't need a lawyer just file with the court pay about $20 (in Massachusetts) and she gets her day in court. You need proof that you reported her abuse if you hope to win and you'll have to take a day off work to get to the court.
2007-04-17 04:19:42 · answer #5 · answered by KA F 2 · 0⤊ 1⤋
yes she can take you to small claims court. However if you are able to prove that you reported her to some authorities then you might have a chance at wining the case. Good luck
2007-04-17 08:47:19 · answer #6 · answered by Anonymous · 0⤊ 1⤋
yes she can.
But you can defend yourself bring in to court a copy of the report you filled against her. You can even file against her for mental cruelty to your child. Or you can call her and settle, you drop your claim and she drops hers.
But show up in court to be sure and sign a agreement of settlement. because people game the system saying that they'll drop charges against you and when you don't show up the judgment goes against you..
2007-04-17 04:17:56 · answer #7 · answered by Luchador 4 · 1⤊ 0⤋
She can take you to small claims over less.
But if you can show cause as to why you removed your child without notice then she will not prevail. If you have documentation you reported her to the state, and she was as you say abusing your child, then you had every right to remove your child without notice as she violated the terms of the agreement by failing to provide the care level that was expected of her.
2007-04-17 04:18:34 · answer #8 · answered by Susie D 6 · 3⤊ 1⤋
Yes she can take you to court, however keep the incident report handy and prove to the court that you had ample reason
to break the contract and they may let you off the hook.
2007-04-17 04:18:55 · answer #9 · answered by smedrik 7 · 1⤊ 1⤋
Yes, she can sue you for any amount up to
However, you probably havea very good defense: breach of contract. You hired her to care for your child, not scream and yell and intimidate your child.
2007-04-17 04:18:46 · answer #10 · answered by Anonymous · 2⤊ 2⤋