Legal Question in Credit and Debt Law in Missouri
Non Paying child care parent
I have a child care parent who has decided to terminate care. There was an incident at my house where my husband left a pornographic movie in the dvd player and the child pushed a button the on the player and started the movie. As soon as I noticed this I turned it off. This is why the parent is terminating care. But they canceled their check that they paid me for care that week and they refuse to pay me since a 2 week notice was not given. They did sign a contract that says a 2 week notice is required and if it is not payment will be accepted in leiu of notice. So now that the check was canceled they are racking up a $10 per day late fee and also owe me for another week. Is this something I should pursue in small claims court or could I myself get in trouble for the movie being viewed? Also they sent an email terminating care and I request a written notice so does an email serve as a legal document or do I need a letter with their signature?
1 Answer from Attorneys
Re: Non Paying child care parent
In nearly all situations, an email equates a writing. Therefore, it appears that they sent written notice. As to whether you go after teh back childcare fee. You may have a case, for the check that was cancelled. You can sue on it, and will probably prevail.
However, the given pornographic movie incident will probably be viewed by most judges as an event that excuses any need to give notice of removing their child. You probably will not get the two week fee, nor the late charges that would attach to it.
Good Luck
Tony Smith
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