I'm sueing a lady who removed her daughter from my child care center. In the contract it states that a 2wk written removal letter is required when removing a child from the center. It also states that if the parent should decide to remove their child before the 2wks of service has ended, that the parent is still responsible for the 2wks of payments.
The parent never submitted the 2wk removal letter nor did she pay the two wks of payments that was due.
I believe that legally she is still in the contract & that I am within my legal right to sue her. It's been 4wks. Can I sue her for all 4wks? Or am I only able to sue her for the 2wks?
1 Answer from Attorneys
In Ohio, if the contract between you says what you say it says, then a Court would likely grant you two weeks worth of payments since the parent did not give the required notice.
However, you should probably think about a few things before bringing suit. First, if your child care center is incorporated, then you will not be able to bring a suit without a lawyer since you cannot represent another person or another entity (like your corporation) unless you are a lawyer. This may be cost prohibitive.
Second, if you do consult with a lawyer, you should make sure that your contract complies in all required ways with Ohio's Consumer Sales Practices Act or it is possible that a counterclaim could be made against you via this act, which provides for attorneys fees if the consumer wins.
This response given is not intended to create, nor does it create an ongoing duty to respond to questions. This response does not form an attorney-client relationship. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change. Attorney is licensed to practice law only in the State of Ohio. Responses are based solely on Ohio law unless stated otherwise.
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