Q: My children's former daycare is trying to sue me for breech of contract, can I counter sue?
I received a handbook at enrolment in December, 2017 stating two weeks notice for disenrollment as well as payment is required. In July, 2018 I received another handbook stating two weeks notice is 'appreciated' but did not mention payment is required. In August I received an email saying they 'updated their handbook' but did not send a new copy. Which handbook is correct? Do I owe them for the two weeks?
Also, I pulled them from their care b/c I had former teachers (2) tell me the owner physically restrains children if they get up during nap time. They also do not provide menus (as they state in the contract), they allowed teachers to transport my children in their cars w/out my knowledge and my son had a head injury that was not treated and I was not given an incident report. I have 3 former teachers willing to provide written statements confirming all the above details.
A: If you receive a summons of a complaint filed by the court, you must respond with an answer to plaintiff within 28 days, in which you can assert defenses and also assert counter-claims. The court would have to sort through all the evidence property presented to the court to determine which handbook was valid at what time, what contract terms were breached, if any, and whether any claims or counter-claims are valid. Try to work it out with the day care, or use the Find a Lawyer tab to retain a local attorney to review all the facts and advise you.
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