I enrolled my 3/y.o. daughter in a daycare in Swampscott, MA. I signed a document saying I read and understood the parent contract. The parent agreement says a 30 day notice is required to quit the program. After my daughter attended the school for five days, she told me she wet her pants, and the teachers made her stand up in the wet clothes until she dried. The staff refused to do a written report, and basically called my child a little liar. I was horrified and reported the incident to the state, and immediately withdrew my daughter from the program.
Now, they are threatening to sue me for the month's tuition. According to the "Contract" which was only signed by me and not the daycare, I would owe three weeks tuition. However, I felt I had no choice but to remove my daughter from the program.
I also feel the contract is pretty weak, and they also did not hold up their half of the procedures set forth in the manual. The attorney General's office of Massachusetts offered to mediate on my behalf, and the daycare refused mediation. Today I received another call from the owner of the daycare saying she has a bunch of parents on her side, and that I signed a contract, etc. I have not received a bill, but they have threatened to take me to small claims court.
On the other hand, I had to miss several days of work while I looked for another daycare. This school is ruining their reputation, and harassing me over about $700.00. Due to the circumstances under which I withdrew my daughter from the school, I don't feel that I owe any money, but I am wondering how I should present my case to the small claims court, if it goes that far.
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Editor's Response
Sorry about your situation. If the facts are as you present them, and you are able to establish those facts at court, I find it hard to believe that any court would find that YOU breached the contract. Your argument should be that they breached the contract by failing to provide adequate care for your child. However, I'm sure they have their own side of the story. Check out this page on the MA Trial Court page about representing yourself.
Look at your contract (if you signed it) and make sure their are no provisions re paying attorney's fees. If there is, that could up your potential liability. Good luck.