Legal Question in Civil Litigation in Indiana

Childcare provider is trying to sue me

Dear Sir/Madam,

We signed a contract with an unlicensed daycare (homecare) in Hamilton county Indiana and one of the contract says that if the termination without 2 weeks notice then the parent should pay 2 weeks fee/tuition.

Long story short, after taking my daughter to that place for about 5 month, I told the provider in the last day my daughter before we stop sending my daugher to the daycare FOR A WHILE and explain that we cannot afford paying daycare fee since my wife lost her job plus we also have to pay her college tuition (since she was working as graduate assistent at that school where beside getting salary she also got free tuition, but again she lost it). And I promised to take my daughter back there soon my wife get a job, and she said fine. After 3 month (my wife still don't get any job) she sent me a letter that say I have to pay the 2 week fee since I broke the contract. I don't understand why she send me this letter since I have promised to send my daughert back there soon my wife get a job. I ignored that letter and today I got another letter that she said she will sue me. I am wondering how big our chance to win if we go to the court?


Asked on 2/24/09, 9:09 pm

1 Answer from Attorneys

Re: Childcare provider is trying to sue me

If the unlicensed provider has more than the allotted children for being unlicensed, I doubt that she will pursue this. However, you did have a contract and it sounds as if it is valid. Since it is speculative whether your wife will find another job, it sounds as if the childcare provider has a good chance of winning if she files in small claims court.

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Answered on 2/24/09, 9:18 pm


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