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-   -   Being taken to court, how to prepare? (https://www.askmehelpdesk.com/showthread.php?t=132004)

  • Sep 21, 2007, 04:59 AM
    mominPA
    Being taken to court, how to prepare?
    I'll try to make the long story shorter...

    My children were being cared for in a family daycare setting. I had a 2+ year relationship with the care provider, when she was watching my 1st son and had only 3 kids or so in her care. FF to my second son - her daycare had grown in size - and she seemed stressed. I would drop my baby off (6 months old) and she would call an hour later saying that I needed to come get him because he was crying. This happened about once a week. I finally asked her if she was too stressed out and she said that when three of her families had babies, she couldn't say no to any of them. I began exploring alternative daycare options.

    Finally things reached a breaking point when she gave my child Tylenol without my permission, left him unattended while she packed her car for vacation, and drove away from her house before I even had the baby in the car (all in the same day). She was on vacation for a week, and we took our planned vacation the following week. I was so distressed by the situation that while on vacation, my husband and I decided that I would quit work while I looked for another child care. When we returned from vacation, I called the daycare provider and told her my children would not be returning. She demanded to be paid for two weeks' severance pay and I told her I would see if I could manage it.

    She showed up at my house 2 days later demanding the money. My husband was home and he told her no way was she getting any more money from us.

    She filed a civil action for 3 weeks' worth of pay for "services rendered." We had no written agreement. I really don't think she has a legal leg to stand on, but what do I need to do to prepare for this hearing?

    Thanks!

    ETA: I did pay her for all of the days that the children were in her care. The money she is demanding is for 3 weeks' worth of "scheduled time" that we were not there.
  • Sep 21, 2007, 05:46 AM
    ScottGem
    If there was no written agreement, then she doesn't have a leg to stand on. She is only entitled to be paid for services rendered or booked. You need to bring into court proof of your payments to her.
  • Sep 21, 2007, 07:31 AM
    mominPA
    Quote:

    Originally Posted by ScottGem
    If there was no written agreement, then she doesn't have a leg to stand on. She is only entitled to be paid for services rendered or booked. You need to bring into court proof of your payments to her.


    So a standing arrangement for certain days of care will not count as services booked? I don't get how she can arbitrarily decide that I owe her for 3 weeks.
  • Sep 21, 2007, 07:35 AM
    ScottGem
    Unless there was an agreement that you would have to give sufficient notice before terminating the arrangement, she can't hold you to anything.

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