can A daycare take me to court if her license was revoked???

Michelle - posted on 10/11/2011 ( 11 moms have responded )

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my childs daycare had there license revoked due to a furnace braking down. The in home daycare wants me to pay my childs weekly fee until the furnace is fixed and her license is restored, so until she can have daycare kids at her home again. Can she make me pay?? Could she take me to small claims because I signed A contract???

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Stifler's - posted on 10/12/2011

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I wouldn't pay I'd just find another daycare. It's not your responsibility to pay for her furnace breaking down and since her license is revoked you can't pay for services she isn't legally allowed to provide.

Ez - posted on 10/11/2011

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I honestly don't know. If my daughter misses daycare (either through illness or public holiday) I still have to pay. But this situation is totally different. They are not available to supply the service you are contracted to, so therefore I would not be paying.

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September - posted on 10/12/2011

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Does the contract say you'll pay even if you're not receiving service? If so and you singed it then yes, if not then no.

Stifler's - posted on 10/12/2011

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And what if she never gets her license back and you're paying all this money for nothing?

Brianna - posted on 10/12/2011

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i would bet that the contract no longer stands because her licence was revoked read it over and see if it says somehting about that or better yet ask a lawyer

Bonnie - posted on 10/12/2011

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I wouldn't pay. Most daycares still charge if your child misses a scheduled day due to sickness or a holiday, but this is totally different. She can't have daycare kids during this time because of the situation with her furnace. It is not your fault. I also know for a fact because I do daycare as well, that if the provider is sick or if her kids are sick and she is requesting kids not to come, she can't charge either because it has nothing to do with your kids.

Michelle - posted on 10/12/2011

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I agree with Karen and the others. She can't make you pay if SHE can't provide the service you are paying for, especially because her licence has been revoked. You may want to look into it but it may even be illegal for her to charge you since she's no longer allowed to provide the daycare for you.

Karen - posted on 10/12/2011

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i would re read your contract and look for a wording 'loophole" then speak to a professional. i know my contracts state if the child misses because of illness/vacation, etc then you still pay but if time is missed due to ME not being able to provide the service then pay is not due for that day/time period i can't provide. it's a whole other can of worms because of the license being revoked though, i'm not sure she can make you pay even if you signed the contract as you still have to pay someone else to keep your child or miss time from work to stay home.

Nikki - posted on 10/11/2011

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Depends what your contract says, I would speak with a lawyer. I suppose it also depends on whether you want your child going back to this daycare? and how long is it going to take to fix? If it's a good daycare and it's only going to be a couple of days I would probably just pay because the last person I want to have a bad relationship with is the person looking after my child.

Jane - posted on 10/11/2011

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You might want to talk to a lawyer. If you hadn't signed a contract then you could simply argue that services were not provided so you owe nothing. However, who knows what you agreed to when you signed the contract. At the very least you need to read the contract line by line to see what you agreed to do.

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