QUESTION
What courses of action can I take against a daycare that refuses to return a deposit?
Asked on Aug 30th, 2012 on Breach of Contract - New York
More details to this question:
The director of the daycare let us know that we would not receive our deposit back and because we already paid for August, we could have our son stay 2 additional weeks.
We were never informed verbally or in writing that deposits were non-refundable and would instead be put towards the final month of tuition. Unfortunately, there was no contract - we just have a copy of the check that says "Deposit and registration fee".
The deposit is a lot of money for us, but is it worth pursuing legal action based on the fact that there is no contract or documentation in either parties favor? Do we have a chance at getting our money back? And if I were to pursue it, would we take them to small claims court?
1 ANSWER
There is a contract, the question is what are its terms. You certainly do have a chance to get your money back, but it might come down to their word against yours. Will they claim that they told you deposits are non-refundable? Or that they told you they required a month's notice if you were pulling your child out of daycare? It will be a big hassle, but you can sue them in small claims court. Good luck.
Answered on Aug 30th, 2012 at 5:04 PM