Threatened with small claims...how long before it's clear it's an empty threat?

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  • Unregistered
    #1

    Threatened with small claims...how long before it's clear it's an empty threat?

    I'm the OP of this thread...
    Trouble With Parent That Hasn't Even Started - Daycare Forum
    https://www.daycare.com/forum/showthread.php?t=68450&highlight=Trouble+parent
    I have been holding a spot for a child since November for an end of February start date. In my state we can have 3 under 2 if one is 15 months and walking. This child will start when 15 months old, but I just found out as of now the child is not walking. I let the mother know on 1/15 that the chil must be walking unassisted.


    The mom decided to forfeit her spot prior to their start date after I held the spot for 3 months. They put down an 8 week deposit which they asked for a refund, I, of course, refused. DCM threatened legal action over a month ago. I know she was going to consult with a lawyer before taking it to small claims...I can only assume that the lawyer looked at everything and told her my contract, stating that deposits are nonrefundable, would hold up in court.

    My question is, how long after a threat of small claims court would it be safe to assume there will be no legal action taken? It's been 1 month since she withdrew and threatened me.
    Tags: small claims, small claims court, statute of limitations
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    • TwinKristi
      Family Childcare Provider
      • Aug 2013
      • 2390
      #2
      Originally posted by Unregistered
      I'm the OP of this thread...
      Trouble With Parent That Hasn't Even Started - Daycare.com Forum
      https://www.daycare.com/forum/showthread.php?t=68450&highlight=Trouble+parent
      Daycare Center and Family Home owners, Directors, Operators and Assistants should post and ask questions here.


      The mom decided to forfeit her spot prior to their start date after I held the spot for 3 months. They put down an 8 week deposit which they asked for a refund, I, of course, refused. DCM threatened legal action over a month ago. I know she was going to consult with a lawyer before taking it to small claims...I can only assume that the lawyer looked at everything and told her my contract, stating that deposits are nonrefundable, would hold up in court.

      My question is, how long after a threat of small claims court would it be safe to assume there will be no legal action taken? It's been 1 month since she withdrew and threatened me.
      So you haven't heard from her in a month since she made the threat or is she still contacting and threatening you? If she hasn't contacted you since and you haven't received any papers in the mail or officially served then I would agree a lawyer told her she was outta luck on that one.
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        • Unregistered
          #3
          Originally posted by TwinKristi
          So you haven't heard from her in a month since she made the threat or is she still contacting and threatening you? If she hasn't contacted you since and you haven't received any papers in the mail or officially served then I would agree a lawyer told her she was outta luck on that one.
          I haven't heard from her in a month.
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            • itlw8
              Daycare.com Member
              • Jan 2012
              • 2199
              #4
              You just never know, she could now find the time, or money to file. She may not have seen a lawyer. Keep all your paperwork you never know.
              It:: will wait
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                • TwinKristi
                  Family Childcare Provider
                  • Aug 2013
                  • 2390
                  #5
                  Originally posted by itlw8
                  You just never know, she could now find the time, or money to file. She may not have seen a lawyer. Keep all your paperwork you never know.
                  Well of course one never knows, you have to keep all the paperwork anyway.

                  Statute of limitations on breech of contract varies by state. In my state it's 4 yrs.
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                    • Second Home
                      Daycare.com Member
                      • Jan 2014
                      • 1567
                      #6
                      Here in MD it is 3 years to file small claims .
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