Shady day care?

LiveNLove44

If you put a deposit down to hold your place and the service is never rendered, shouldn't you receive your deposit back at the time the service is declared terminated as a result of the service provider's personal "unforeseen circumstances unrelated to" said service?

DH and I put $660 down in June to hold our infant spot for November 1st. She emailed me on Saturday saying she couldn't start DD and could return our deposit in a month. We need it NOW to start paying for a new day care.

I'm really having a hard time with this situation because I want to be understanding of her situation (after a series of emails, she said she needed emergency surgery, but that wasn't shared until well after she said she couldn't start DD at the predetermined time), but I also don't believe she should be able to use my money and not provide the service for which it was intended and then withhold the money for a month past when that service should have begun. 

I'm trying to be patient and not jump the gun and call the county licensing department, but I also get the feeling that we won't have our money returned for a long time. Does anyone have experience with something like this? Any advice? 

kje120

We put one week's deposit down on the daycare where DS1 was supposed to go.  Then she died right before he was born (only 32 years old so somewhat suspicious) and we didn't find out for a couple weeks.  Never saw that money again.  My husband was about to go pounding on their door demanding our money back when I couldn't get a hold of her, but then when we found out she died we just kissed that $125 goodbye.  I wouldn't let $660 go, though.

LiveNLove44

kestock120 said:

We put one week's deposit down on the daycare where DS1 was supposed to go.  Then she died right before he was born (only 32 years old so somewhat suspicious) and we didn't find out for a couple weeks.  Never saw that money again.  My husband was about to go pounding on their door demanding our money back when I couldn't get a hold of her, but then when we found out she died we just kissed that $125 goodbye.  I wouldn't let $660 go, though.

We definitely won't let the $660 go because it's not a small amount of money for us. She did say the money would be returned eventually, but I'm concerned that if I'm not vigilant, she may keep extending the time it takes to return it. I don't have any experience with pursuing any legal help, but I know that anything we would do would take longer than a month, so anything legally pursued might hurt instead of help. I don't want to make her angry and spiteful if she feels attacked, so I'm torn between playing nice and waiting or putting pressure on so she knows we're serious.

Kellseibellsey

I have had something similar happen with a landlord. Ug. Some words of advise: make all of your correspondences in e mail so you have written proof and if you are going to be patient with her and wait out the month, set a date that you will have the money in your hands and what form of payment it should be in. Good luck. 

kimberlymacrae

We can give sympathy but it all honestly it is hard for any of us to really answer this.

1.   Did you sign a contract? Was this covered in the contractual terms of the deposit?
2.   What are your state/local laws about deposits, etc. For example most deposits must be held in a trust or separate account until the term of the contract is complete and then the deposit can be applied to whatever the contract lays out.

 

I agree with PP's as well, it depends on what type of establishment this day care is. Home-run or corporate.

CDMay2006

As much as it sucks, I don't think there are any options that we get to the money any faster than a month.

LiveNLove44

I really appreciate all of the feedback. This is a home day care, so I am going to continue to practice patience and wait out the month she said it will take to have our money returned. Unfortunately, this is not covered in our contract as it is an extenuating circumstance, one which she has never experienced before (according to her--which I have no other reason not to trust). As PP mentioned, I have been corresponding with her via email so I have proper documentation of all our interactions regarding the situation in the event that I would need support to pursue assistance to retrieve our money. Thanks for the insight from the varying perspectives!