Legal Question in Civil Litigation in West Virginia

Daycare and contracts.
The daycare provider that we previously had is threatening to take us to court in order to collect money which we feel that we do not owe. In october of 2001 the daycare increased the price from $60.00 to $90.00 a week for haff time enrollment. We promptly removed our son from the daycare and found a more suitable arrangement. However, the daycare requires a two week notice and if a child is taken out of the daycare before the two weeks the parents are charged regardless. We were not told nor did we receive any information about this increase until it appeared on our statement. Also there is no information nabout price increases on any of the papers that we signed when our son was enrolled. My question is this: do we have a defense if in fact this matter does go to small claims court? It seems to me that if the terms of a contract change and advance notice is not given then either the party being affected by the change should be able to terminate it. Thank You

Asked on 1/10/02, 5:10 pm

Rodney Berry Berry, Kessler, Crutchfield and Taylor

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Re: Daycare and contracts.

I agree with you. If nothing was signed agreeing to a 2 week notification, then you would not be responsible.

Answered on 1/11/02, 1:24 pm

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