How can I get my deposit returned in full if there is nothing in writing stating it is non-refundable?
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How can I get my deposit returned in full if there is nothing in writing stating it is non-refundable?
A child care facility collected a deposit to “hold” the spot for my child when the time came to enroll in daycare. I was told his month’s worth of tuition would be applied to the first month’s care. Circumstances now prevent me from using this daycare but I am being told my deposit is “non-refundable” even though there was nothing in writing stating that. The facility believes this was explained to me at the time of the deposit which I do not recall. Can I legally get my money back in full?
Asked on January 9, 2012 under Business Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of pretty much all states, a deposit of something is typically refundable unless there is some agreement signed by the parties stating that it is not.
In your situation where you placed a deposit for your child for day care to save a spot but cannot now place your child at the desired location, you are entitled to the deposit back. I would write the day care facility requesting the return of the deposit within a certain time. If not provided by then, your recourse is small claims court.
Keep a copy of the letter for future reference and need.
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