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She understood it was a NON-REFUNDABLE deposit when she wrote the check. If you're dumb enough to write the deposit check before asking about the going rate, it's on you. It would be ridiculously dishonest to even expect a refund. Take it for what it is and move on. It's a real shame that people go to these lengths to get out of legal obligations these days.

I can understand asking the lady for a refund and her mercy, but to demand it? No way.

 

as her if she will split the difference with you, and give $125 back.

sounds like she was upfront about her policy, and even though it is not good practice on her part to keep the deposit after one day, it is her right.

If she refuses .. tell her to redeposit the check, and you will let her know within thirty days if you can figure out a way to afford the spot ..

Then check back once a week, and verify the spot is still open.

It would be a nice thing for her to refund your deposit, but it is not required, and if she takes you to court, you will be out the $250 plus court costs and fees, plus attorney fees, if she uses one.

 

Actually, chances are you guys will not have to pay the $250 if she took you to court. Had you paid the $250 and wanted it back, chances are you'd be entitled to your $250 back.

I ran a photography business a couple years ago and was doing weddings and things like that. If you call a deposit a deposit, then it is assumed to be part of a payment. Whether they call it non-refundable or not, you are entitled to that deposit back in court if no business was transacted.

It's stupid, but that's the way it is...and certainly this lady knew what she was doing. It just so happens that the lady with the daycare didn't know what she was doing or she would have gotten her $250 the right way.

You need to call this a 'non-refundable retainer.' That is, a portion of money that is retained whether or not any further business takes place. Sounds stupid, I know, but when my lawyer wrote up my contract, he was talking about that a good bit. The courts are finding in favor of the customers when people are calling them deposits.

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Oh, just thought I'd add my opinion. Your ex wife should have just paid the $250...and the lady with the business should have been nice enough to give her the $250 back. And, while we're on the subject, internet forums are probably the stupidest place to go for legal advice...just so we're all on the same page.

 

I'ev watched enough People's Court to know that isn't the case Deapea

 

I'm not talking about People's Court. I'm telling you guys, this is the case. I've heard probably 20 different people that got screwed out of deposits this way. If you go to People's Court, and the judge finds in her favor, appeal it.

Put it like this...

A deposit is something that is dependant on future business. A deposit is part of something, if you will. When you enter into a contract with a deposit, it is expected that the deposit is part of a larger transaction. If that larger transaction doesn't take place, the courts will give you that money back.

A retainer is an actual seperate transaction in itself. It is done, over with, and retains your spot or services. Whether you use that spot or services in the future doesn't change a retainer.

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Like I said though, either way, she needs to grow up and just pay the $250.

 

Agreed, but in all likelihood, it would probably cost me at least $250 for any legal advice from a true attorney, so I just thought I'd throw it out there to see what everyone's thoughts were...there seem to be some good minds around here.

I may not have been clear on this, but my ex knew the price of the daycare before she sent the check...she apparently didn't believe me when I said that it was too expensive, until after she sent the check (last Thursday) and I had a talk with her about it. As I understand it, she emailed the daycare provider that night (Friday) or the following morning (this past Saturday morning, two days after she put the check in the mail) to explain the situation and to ask if she could get her money back, before the provider received the check. So, the email was sent before the daycare provider could've even received the check (in hindsight, she should've called the provider). The daycare provider replied a couple of days later, and said that she couldn't refund the money, because she had already cashed the check. She also said that her router was down, so she didn't get my ex's email until a couple of days later. We find this all hard to believe, as it generally takes more than two days for mail to reach southeast Minnesota from northwest Montana. Also, as of Tuesday, the check still hadn't posted to my ex's checking account, so we're pretty sure the daycare provider was lying about when she cashed the check (and the story about the router, while posssibly true, seems just a bit too convenient). I doubt a bank would give that information, but it would be very interesting to see exactly when that check was actually cashed.

As of this morning, my ex has emailed the daycare provider, and has told her that she will remove the stop payment order on the check, if the provider will guarantee that the two openings will be held for our kids for a month. There is little chance that our kids will use either of those two spots, but by leaving them open, it will cost the provider substantial potential income, which my ex noted in the email. My ex also told the provider that if the provider fills either of those two spots with other children during that month, she is expecting her money back. So, we'll see what happens. This has been a bit of a headache, but I'm glad I've been able to see the true colors of this daycare provider...if she is that reluctant to try to come to any sort of mutual agreement with a family (an agreement that could actually benefit her financially to the tune of nearly $1K), and is so illogical and greedy that she can't see that she is potentially screwing herself financially in doing so, I wouldn't want her to watch my kids anyway.

 

While partically true, I did stay at a Holiday Inn Express last night.

 

Dude...why are you arguing with me. I'm not telling you what I think or what a law book says. I'm telling you that in at least 20 cases where I actually KNOW the people involved, anything called a 'deposit' was ruled to be returned. Anything that was called a retainer was not.

 

Fellows ,,this is the Wal-mart ,flip-flop,wishy-washy,Have it your way attitudes that's killing small business in America. I had a fellow give me a 200.00 deposit on a bike,which I dutifully spent,he changed his mind,got really mouthy and just about got his???????well enough of that, if you gotta give the deposit back then why even bother, I mean what is the point?I feel real bad for the fellow but hey when is a deal a deal?

 

OK, you're right, I'm wrong. I have no experience, and you have experienced this in the past. You know people that have been involved with this in court, personally. I'll take your word for it.