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My daycare provider told me it was okay if I stopped bringing my son to her, but she won't pay back the overage I paid her.

Aurora, CO |

Both my sons were attending the same home daycare. My older son and the daycare owner's daughter weren't getting along at school, so she called to let me know he was no longer welcome. During the conversation, she also said she would understand if I didn't want my younger son to attend any longer. The next day I found out she was threatening my son with calling the police and the situation obviously was getting much worse, so I chose to withdraw my younger son from her care. I had paid her $110 for that week, and have asked to be reimbursed. She has refused based on the contract, which says I must give four weeks notice. Based on her threats and the animosity towards my older son, I couldn't do that. Do I have any type of case for small claims based on the situation?

Attorney Answers 2


In addition to Mr. Harkess' response, I would only add that it might be worth your time to draft a letter to the day care provider outlining your understanding of the facts and the reasons why you believe her actions, not yours, led to termination of the agreement. (I would carefully review the agreement before writing.) I would directly but still nicely point out that the situation is unfortunate for various reasons, but that you will pursue action, including with the BBB, the local Chamber of Commerce, report her to the state agency (that regulates day care providers), and pursue action in small claims if necessary, but that you hope that it does not come to that. Request the refund, provide a deadline for her to respond and then act accordingly based on her action or inaction.

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Thank you, this is exactly what I did. Thanks for the response!


It sounds like the daycare provider is the person who actually terminated the contract. In that event, the notice would need to be provided by her... You will have to determine whether your time is worth the $110 at issue or whether it is best to move on with your life, but I believe you have a chance of recovering the money in small claims court if you decide it is worth pursuing.

If I were in your shoes, I would consider filing a complaint with the Better Business Bureau and then moving on.

You can reach Harkess & Salter LLC at (303) 531-5380 or Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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Thank you for the response, I very much appreciate it!

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