daughter's day care threatening small claims court

[nanaval]

My daughter took her son to a daycare for two days with instructions as to what she expected for her son. They were not followed and on the second day his diaper was changed only twice in 9 hours. She decided to pull him from that daycare. She now wants to take my daughter to small claims court for $75 for the two days and charging her for pulling him out without two weeks notice (there was no contract signed), plus late fees and court cost. My daughter offered to pay her $40 for the two days. Cam she (the daycare provider) win in this case.

 

[Proserpina]

Yes, the provider can win.

Will she? Can't predict it unfortunately.

Ultimately though, the daycare DID provide a service.

 

[Betty3]

All we can say is the daycare provider could/might win. There is no way for us to know for sure what a judge will decide.

 

[mightymoose]

If there was no signed agreement the daycare is likely not owed anything more than the agreed amount for the two days service was provided.
Forget that expectations were not met. That won't go anywhere.
I suggest your daughter pay up for the two days and be done with it.... and be sure to get a receipt for the payment.
The daycare may continue with small claims but the argument will be very weak.