daycare issues ???
I had contracted a daycare who was a friend/neighbor. I signed a contract with her which stated their was a 2 week trial period where either party could terminate without notice AFTER the 2 weeks. After 5 days of care, she gave me a note on friday (Nov 4) stating she was gving me one week notice and could not handle my 2 children because she is pregnant and had too many daycare kids. I was ok with that. We had verbally agreed prior to that I would pay her on 12/18/09 when I got my 1st paycheck from my new job. The next day (Nov 5) I receive an e-mail via Facebook with alot of crazy accusations that my 3 and 7 yr old were stealing things from her home, totally untrue. The note also stated that her and her husband decided that she could no longer care for them at all NOT even for the next week which she had just given me the notice the day before. Therefore, I decided she was not going to be paid at all from me for the week of care she did provide as she breached her contract. It stated there was a 2 week trial period for adjustment and I got nothing. I then had to take Mon Nov 7 off from work (new job and lose pay) and find a new daycare all in one day and pay extra monies to do so. Now she is taking me to civil court to collect her week fee, court costs and 6% interest starting to accrue from the date of 12-18-2009. Nothing in her policy/contract states there is a 6 % interest fee at all for "late" payments. I have all of these things in writing and contract , signatures etc.
..do I have a case to win and should I countersue?? The whole week my children were in
care I asked every day "how are they doing?" I always got a good response & nothing was
ever said about "stealing" or anything bad natured. The whole thing is very weird to me ...
thanks for your input in advance.
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