Legal Question in Credit and Debt Law in Kansas

I took my 3 children to a licensed daycare and signed a contract agreeing to give 2 weeks notice in the event of termination of service. I paid $190 a week. I removed my children from the daycare after my son came home with a bite mark on his leg that she did not notify me about. When questioned, she admitted her daughter had bit my son and that she had not attempted to contact me or provided any treatment. I took photos, and treated it at home, as I am a nurse. She texted me wanting her money for the week, which I agreed to pay her and I did. Now she is sending me letters threatening to sue me and have my wages garnished for $779 for the two weeks severance she says she was owed, plus interest since last October. I paid her for the last week she actually watched my kids but do not feel I owe her the money since I removed them due to her neglect. Does she have a case? Do I have to pay her?


Asked on 1/27/12, 4:47 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Without reading the precise language of the care agreement, it is impossible to determine if you owed for two weeks. But, does she knwo that you can sue her fo rhte bite to your child''s body. The amoutn you woudl seek would be much greater than the $380 and probalby more than the $779 she claims, It could also cause her to lose her acrreditation to provide care. Before you pay her anothe cent, you might consider paying an attorney to point out to her just how precarious her financial and liability postion is. Perhaps it would cause her to realize the folly of her actions. Teh period to bring a civil suit fo rthe assualt and later covering up byu tyeh mother, is limited. so you cannot postpone too long.

I suggest you take a copy of your care agreement to a civil attorney in your area. Many offer a free or low cost initial consultation. Tell them about why you stopped using the caregiver's services. I have given you some genral option to consider, Hopefully, they can give advice specific to the facts of your situation.

Good luck

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Answered on 1/27/12, 7:07 pm


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