Should I take my daycare deposit dispute to small claims court?

Full question:

Should I pursue the following case in small claims court? is it worth my time or am I thinking about the law incorrectly.I paid a deposit for 2 children for daycare for the summer (_400$). This week I got into an argument with daycare and they have asked us to not come back after the end of the semester. However, they will not be refunding my deposit either. To me this is theft as I am paying for a service which they unilaterally cancelled. Am I incorrect?The argument was over one of my children. They asked me to come pick him up as he was sick. I came to get him. When I got there he seemed fine. I asked if they could take his temperature again. They refused multiple times. Eventually relent and I took my child home a few minutes later. Their claim is that I did not cooperate and I can therefore be expelled with no claim to my money. The one mistake I made was that one point in the argument after the lady turned her back on walked away from me saying 'I am not going to argue with you about this I am in charge.' I told her 'You will not handle me that way little girl.' I was sitting down and not raising my hands. Not, that she could see because her back was to me. They are also claiming that this statement was a threat. To my understanding and reading of cases this does not constitute a threat. An insult which i should not have done - yes. But, not a threat. Since they put this in writing this would constitute libel would it not?Please, understand. This place just a few weeks before sent my son home sick even though we had just come from the allergist who said that he was not ill and only had allergies. Despite that information. They sent him home the same day with a low grade (99 degree) temperature. Again today, they claimed he had a 99.3 (later they changed their story to 99.5 and lastly to 99.7) degree temperature. I think it is completely reasonable that I ask them to retake it.I live in Travis county. The childcare is in Williamson county.

• Category: Small Claims
• Date: 04/07/2025
• State: Texas

Answer:

This response provides legal information, not legal advice. For legal advice, consult an attorney licensed in your state.

Generally, when a daycare provider unilaterally terminates a prepaid service contract, they are not entitled to keep the entire deposit. Instead, they should refund the unearned portion of the deposit. The behavior of either party after termination is typically irrelevant.

As for whether you should pursue this case in small claims court, it may not be worth your time. Court proceedings can be lengthy and stressful, and they often do not lead to the satisfaction one hopes for. It might be better for you and your family to move on from this dispute and focus on enjoying your time together.