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LawTalk, Attorney
Category: Legal
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Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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My daycare removed by keypad entry and told me I could not

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My daycare removed by keypad entry and told me I could not return to the daycare until the late fees were paid. Nowhere in the contract does it state they can refuse service based on unpaid late fees but we didn't take issue, we had to find childcare elsewhere. Now they are suing me for the late fees plus two weeks of daycare because we didn't put in writing that we were leaving. It also doesn't state in their contract that they can collect tuition if they remove your access from the building. Is there any "legal" information I can present to the judge?
Good morning,

I'm sorry to hear of your dilemma.

Your argument must be a progressive one. In order to win your case you will have to prove the following.

1. That there was no provision in the agreement stating that you could be denied services for non-payment of fees. (It doesn't matter whether you call them regular fees, late fees or anything else.) This may not be the case.

2. The daycare had no right to refuse you services. They likely did though.

3. By locking you out and refusing service to you they prevented you from utilizing the services during the 2 week notice that was required. This is where you will do well.

My read on your dilemma is that you will owe the late fees. However, when they took the affirmative action to lock you out, you were under no obligation to give 2 weeks notice of your intent to leave. You can not obligated to pay them for 2 weeks of daycare which they refuse to then provide.

I wish you good luck today.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

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