Daycare Took My Money and Won't Give Back Deposit

[Unregistered]

Licensed Center Owner

I own and operate a small licensed daycare center in Va. and I am appalled at some of these responses. I have worked in almost all states and all centers that I have been associated with charge a non-refundable deposit to hold a spot. The reason for the deposit is to prevent the spot form being vacant for too long. We actually run a waiting list and when we call a parent to inform them of an opening they rush in to pay their deposit. We also ask for a two week notice to allow us time to fill a spot that will become available. This is common policy everywhere. I do not agree with the provider not communicating with the parent but if she has a handbook (most in-home and centers do) stating their policies and requirements then there is no legal grounds for a lawsuit. Do a little research next time and be sure before you put any money down. Good luck in your search for care.

[Unregistered]

Deposit

I run serveral businesses, including child care centers, and I could never fathom taking someone else's money for service not provided. That being said if I have spot "A" opening in March and a family wants that spot in December; then yes there is a non-refundable to hold that spot. If there is no spot avialable and I have a waiting list I don't require a non-refundable fee until a spot comes open.

This is a good business practice. Who cares about the money, because in reality if they are reserving a spot or there is a waiting list you are not hurting to fill your spots.

For handling the waiting list, takes one of my managers in each center about a hour a week to deal with it. So I lose $25 a week. Never notice it. We monitor the ages of the children and have monthly meetings where I am briefed on how many children are moving up to a new age category. Also, on how big the waiting list is and if there is room for me to expand in that are to accomdate or do I need to open another one in the same area.

I have 3 centers within 1.5 miles of each other, and a short waiting list at each. So why do I need a deposit to put someone's name on the waiting list?? I don't.

"Have Spot, Pay for the Spot"

[PolarCare]

My view

If you gave her a deposit to hold a spot, and later decided not to use the spot, the deposit is likey non refundable.

That said, there are quite a few details missing here. When I take a deposit for anything, including services, there is a clearly worded contract accompanying the transaction. You got nothing in writing? Sounds like a bullet dodged.

[Unregistered]

I would say no. The provider held the spot and likely turned away others. You are losing a 2 week deposit, she is losing income on the spot indefinitely. Without a reciept or contract I would think that you would have very little legal standing.

I would say that the provider in this case did not hold a spot. She agreed to hold a check and not cash. She could have easily kept interviewing and filled a spot and returned the check. Since the bf hadn't visited the site yet, there was no implied agreement that this mom would even begin taking the child to daycare. As a former provider, I would never have kept a deposit until I met both parties and had a signed contract. This doesn't sound like the case with the OP and so the provider had no right to keep the payment. Don't forget this woman says that the provider actually AGREED to NOT cash payment and to send back, which means she knew that these people were not going to use them for child care. This is a clear case of "bitches being shady" you know what I mean?

OP: Do NOT ever leave a deposit unless you sign something and are sure you want your child to attend a particular child care provider. If you aren't sure, and the provider tells you she can't hold your spot, don't let that be a way to "force" you to give a deposit. Every sales person always tells you that. Think of the car salesman who tells you that they have a buyer looking at your car. They might, they might not, but they will SAY it either way to psychologically make you think that you might not get the care you want unless you get it RIGHT NOW! Child care is the same way. Ask for 24 hours, most providers are pretty reasonable and will give you a night to think about it. If not, she's not the person for you.

[jokalima]

Always ask for copies of papers you sign, if you gave a deposit I would have asked for a receipt or a grantee in written that i would get it back if your son was not going to be under her care. Do you know if you sign something talking about a non refundable deposit?

[DaisyMamma]

this thread is 3 years old