Legal Question in Civil Litigation in Texas

Private school/church

I enrolled my son and daughter in a private christian school. The teachers weren't getting paid and quitting, so they had to close one of their buildings because of funds. Refused lunch to my son one day (13 yrs), also refused for him to ride the bus. The other students said the pastor acts like that sometimes, you have to get used to it. I pulled my children out of school after 5 months and was told I was getting a credit refund, when funds are available. Didn't hear from them so I said they had till Feb. 10 to pay or legal action will follow. Now he won't pay anything since I signed an agreement stating ' both parties agree that they will never make demands, threaten to sue, or actually ligigate any matter whatsoever relating to or resulting from this agreement. To do so otherwise would be a clear vioulation of biblical teaching and practice'. It also says either party may terminate this agreement without cause with a seven day written notice. I did not send a seven day notice, I was furiuos at the end, I just pulled my kids out. There are other issues surrounding this that I didn't include. My concern is over these statements and if I violated anything by saying I want my monies by a specific date, small claims ct?


Asked on 3/13/06, 4:39 pm

3 Answers from Attorneys
Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: Private school/church

I suspect that the implicit reference by the Pastor is regarding Christian conflict resolution as provided for in Matthew, Chapter 18. If you agreed not to sue, then I emplore you to avail yourself of the procedure provided for in Matthew, Chapter 18. Perhaps, through this process, you will be able to resolve your conflict without (a) the necessity of hiring a lawyer, or (b) filing a lawsuit. Since you agreed not to sue, I believe that, at a minimum, you must make a good faith effort to resolve the matter in accordance with Matthew, Chapter 18. However, without giving the required 7-day written notice, you may not be entitled to any form of refund.

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Answered on 3/13/06, 5:03 pm
James Grissom Law Office of James P. Grissom

Re: Private school/church

While I respect Mr. Nimocks biblical reference, I disagree with the application in this circumstance. I try to follow the golden rule (as I'm sure does Mr. Nimocks), and the pastors unilateral change of the terms of the agreement (by not providing lunch or bus service) amounts to a breach of contract. He took your money without providing the service promised and now he is hiding behind the word of the Lord to justify his thieving conduct. Unfortunately, these cases are evaluated on the basis of damages. Ask a lawyer in your area if your case meets the criteria for legal services. If not your only choice would be to sue the pastor and the church for your refund in small claims court.

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Answered on 3/13/06, 5:43 pm
Charles Williamson Charles J. Williamson, Attorney At Law

Re: Private school/church

I agree with Mr. Grissom's advice and add that a court will likely find an agreement not to sue or litigate is against public policy, regardless of whether or not its against some passage in the Bible, and will not uphold it.

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Answered on 3/13/06, 7:57 pm


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