Legal Question in Credit and Debt Law in New Jersey

Collections Agency

My wife recently rec'd a letter in the mail from a collections agency that mentioned we owed $190.00 to a daycare. We had taken our son to this daycare for 5 months. 2 1/2 months into this, I went to the daycare and voiced several concerns I had. At the 5 month mark, and none of the concerns being resolved, and even more concerns at this point, we went to the daycare and let them know we were not happy and would be pulling our child out. They told us good, we--name removed--t want you here and your concerns, and--name removed--t forget when you first brought him here, you signed a contract that provides us with 2 weeks notice, so either continue to bring him for the next 2 weeks or remove him and pay us our 2 weeks. Obviously we weren't going to bring him for fear of what they would do to him, while at the same time, why would we want to pay these folks after how they handled our son and our concerns? My wife is concerned that if we--name removed--t pay, they'll mark up our credit report, but at the same time, we--name removed--t want to pay because of how bad their service was and how we were handled. What can we do (outside of paying them)? Please help!


Asked on 9/11/08, 4:39 pm

1 Answer from Attorneys
Ramona Hallam Law Offices of Ramona R. Hallam

Re: Collections Agency

You did sign a contract with a 2 week notice period clause, therefore, they have a right to collect. Many people use dissatisfaction as a reason to not pay, so your concerns might have to be fleshed out in court.

You might try sending the daycare a letter informing them that you considered their acts or omissions to be a material breach of the agreement and that, because of their breach, you pulled your child out of the daycare without notice. If it is something actually material to their care of your child, they may reconsider the debt to get rid of you. If not, they may small claims you and make you pay their costs of suit.

Read more
Answered on 9/14/08, 8:29 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New Jersey