Legal Question in Civil Litigation in Ohio

Re: Small Claims Court

You describe a tragic fact pattern. I urge you not to become engaged in making it worse. If you are being sued for services rendered, you should pay for them. If you are being sued for causing the termination of the contractual relationship without giving the two weeks notice, you may be found liable for the minimum service for such two week period. I urge you not to subject your 8 year old daughter to testifying in Court. It is unlikely the child-care provider's husband will support your version of the events. If you possess an earnest moral certitude that your actions, conduct, and comments were completely appropriate and courteous (no threats, bad language, or raised tones), and that the care provider was out of control and acting inappropriately toward your children, then you should consider reporting her to her licensing agency or to Children's Services. However, if you acknowledge that you were also caught up in the heat of the moment, I would advise you not to do so. I would advise you to attend the Small Claim hearing and, if consistent with the facts. give testimony as follows: differences arose between us concerning the child care for our kids...despite discussion we were unable to resolve our differences...the child-care provider told me to leave and take my children and not to come back...now she has sued me...I don't believe I owe her anything. (I would downplay the confrontation that occured. Maintain a reasonable, controlled, respectful, businesslike, parental demeanor, and the Magistrate will probably rule that you only have to pay for any services you actually received. If so, pay it immediately to avoid further aggravation.) Good luck.