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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118788
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Can a child care provider refuse final payment We as the ...

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Can a child care provider refuse final payment? We as the parents voided the contract due to abuse and neglect of our children. Without a two week notice and now the provider is threating to sue for damages and unpaid fees can she do this especially if we wrote on the final payment PAID IN FULL FOR SERVICES RENDERED 6-10-08 thru 6-30-08 Our state of residence is Oregon
Submitted: 9 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 9 years ago.
They can refuse the payment if it is marked payment in full and they can choose to sue you for breach of contract for not giving proper notice in accordance with the contract. However, you could also countersue for the abuse and neglect towards your children and the provider's breach of contract. If the provider refuses to cash the check, then you should consider filing suit against her for the damages suffered by your children and the breach of contract. You should contact a lawyer to assist you in this.

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Customer: replied 9 years ago.
Reply to PaulMJD's Post: Wouldn't negelct and abuse void the contract due to her actions and inactions to prevent or stop the abuse or neglect?
Expert:  Law Educator, Esq. replied 9 years ago.
It does not necessarily void the contract or give you the right to rescind the contract, you would have to get the court to do it. You certainly have grounds for breach of contract.
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