Terminating Care During Trial Period

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  • Denali
    Daycare.com Member
    • May 2015
    • 174

    #16
    Originally posted by hwichlaz
    Don’t forget the returned item fee that her bank likely charged her for your (the OP’s) check. From her point of view it’s no different than a bounced check....and it may be legally the same in your state as well. It is in mine. There are very specific reasons to LEGALLY cancel a check, and changing your mind about a purchase is not one of them.
    This. Just be aware op that this can go very very south for you. You brought your child to her for one and a half days. Then you did a stop pay.

    I’ve never known a bank that would stop pay for anything other then for a lost or stolen check. If you lied (to get the check canceled) on that stop pay form the bank no doubt had you sign, and she sues, you are not only looking at paying her courts fees, lawyer fees, the amount of the check, plus any fees she got hit with at her bank, but fraud charges as well if your bank finds out (because they will, and they do not take these kinds of things lightly). 👍👍

    All she has to do is bring the stop pay check from her bank to a lawyer with her daily attendance log of your child coming to her daycare and she has a great case, without a contract, and especially if she has any texts or emails regarding any of this from you are your wife.

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    • Blackcat31
      • Oct 2010
      • 36124

      #17
      Originally posted by Denali
      All she has to do is bring the stop pay check from her bank to a lawyer with her daily attendance log of your child coming to her daycare and she has a great case, without a contract, and especially if she has any texts or emails regarding any of this from you are your wife.
      A contract just outlines and makes the agreement clear. The check for a full weeks care shows intent.

      I've seen ALOT of court cases get decided based on intent verses what actually happened.

      Yes! there's always the conversation that took place between the provider/parent via e-mail and/or text messages too and perhaps this thread as well.
      MANY providers use this site and have come across parents from their programs that are posting.

      It's too bad the parent and the provider in this situation weren't able to sit down and have a conversation about this so that both parties could move forward satisfied.

      Open, honest communication goes a long way in regards to solving problems. A lot farther than a cancelled check.

      Comment

      • amberrose3dg
        Daycare.com Member
        • Feb 2017
        • 1343

        #18
        Originally posted by Blackcat31
        A contract just outlines and makes the agreement clear. The check for a full weeks care shows intent.

        I've seen ALOT of court cases get decided based on intent verses what actually happened.

        Yes! there's always the conversation that took place between the provider/parent via e-mail and/or text messages too and perhaps this thread as well.
        MANY providers use this site and have come across parents from their programs that are posting.

        It's too bad the parent and the provider in this situation weren't able to sit down and have a conversation about this so that both parties could move forward satisfied.

        Open, honest communication goes a long way in regards to solving problems. A lot farther than a cancelled check.

        The provider may of been willing to work something out. It sounds like the poster didn't like being told "no" and canceled the check. Most likely didn't even give his provider a chance. I do not know why some people do not know how to be an adult. Canceling a check is a childish move.

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