Home > I won my small claims

I won my small claims

January 10th, 2020 at 09:34 pm

I forgot to post this about a month ago. We ended up at small claims court with the private school my DK2 went to. She had been bullied at school and we had been constantly talked with the principal/owner and teachers. They had refused to return our money and finally in June with 2 months, the other child bite my DK2 and scratched her on the face. I pulled her out and kept her home with me asap. I couldn't let her go back. We had prepaid the tuition for a year so we "lost" out on $2500 for 2 months July and August. I had asked the boy and her be separated classrooms and they refused. I had multiple emails since december asking for solutions.

Turns out I did everything right and they breached the contract by not coming up with a reasonable solution. So they are being forced to refund us our money. We had offered many options but school refused to do any of the suggestions. I think a lot had to do with the boy being the son of one of school's teachers. Whatever.

I have to admit it was a good day. I sat there and didn't explode when the principal/owner called my child a bully, on the spectrum, problem child, unaware of social etiquette. It was horrible. I did not use the word bully at all in the court and I said there were these situation x, y, z. And I had photos and proof by both email and letter from other child apologizing for incidents. I honestly didn't hold the child/parents responsible I never talked with them. I held the school for not doing anything.

It's been almost a month and they haven't paid me. I'm not surprised. The principal/owner was so pissed she was spitting nails. I can also now after getting my money post about her losing in court on social media my review of the school. I'm just waiting.

It just came up because her month grace period to pay me is almost up. I have to admit I savor the win because it means I didn't overreact, nor did I do something completely irrational. Nor did I do anything that was helicopter parenting.

What to do with money? I think DK 1 and 2 deserve extra money saved for them.

Right now

DK1 $36k College
$20k taxable
$1k cash in bank savings accounts

Dk2 $27k college
$19k taxable
$1k cash in bank savings accounts

Gosh if I had that much saved for me when I was growing up I can't imagine how much further ahead I'd be right now. LOL.

Anyway though it isn't the $2600 but rather how much the school/owner pissed me off. She told me kids will be kids. That there is nothing that could be done. That it's expecting too much. That I'm being completely unreasonable. That I signed a contract and she never gave back money to anyone. I'd have to just suck it up. And then to later sit there and call my child names in court and talk about her being the problem. To claim she's special needs and that she had been a problem from day 1. Not true and we had progress reports scanned in showing she was a model child and good socially. To suddenly misbehaving and instigating all the incidents.

Really? My kid asked to for her jacket hood to be pulled so she fell at recess backwards? She asked to be teased? She asked to be scratched on the face? She asked for glitter to be poured on her lunch? She asked for her hand to be bitten? She asked to be pushed down on the playground? I get the little boy was 4 turning 5 and younger than her by a few months. But then he shouldn't have been in kindergarten he should still have been in Pre-K where he belonged based on the state age requirements for school.

I'm hoping this principal just pays me in the next week and I don't have to figure out how to collect my money. I'd rather not waste my time. But out of principal I will...

4 Responses to “I won my small claims”

  1. Lucky Robin Says:

    Go to your local sheriff's department and ask them what to do about collecting a judgement that has defaulted. Usually the sheriff will go with you to collect. It should be quite embarrassing for the principal. If they won't pay the money on the spot, you can usually seize property in the amount owed. The principal's computer and the secretary's computer might be something to take to cause maximum inconvenience to the school. If they do pay the money, watch for them to put a stop payment order on it. That principal sounds just like the petty sort to do that.

  2. mumof2 Says:

    Congrats on your win...I like LuckyRobins suggestion and yes take their computers it will really mess them up..they deserve it...I have worked in this area and we always try to help the parents and children so they were in the wrong...and the child being a teachers child should know better...she should know how to deal with these situations...there is a judgement against them they have to pay...although i don't know the laws over there

  3. LivingAlmostLarge Says:

    I am hoping that she won't make me do that in the next couple of days. LR I hadn't even thought about the stop payment. OMG.

    Mumof2 I think it's just the principal being arrogant and refusing to listen. I actually felt bad forcing my kid because it was easier to send her. Especially since finding other care was difficult. Turns out we ended up needing to find other stuff.

  4. rob62521 Says:

    I'm glad you stood up for your child. As a retired educator, I cannot express my frustration with administration who often would not carry through on discipline. We had a girl in fifth grade who the boys started harassing and making sexual remarks to as well as touching her in inappropriate places. The teacher reported all of these immediately to the principal and the principal basically said she deserved it all! We were all appalled. The teachers in this wing immediately took over and silently" guarded this child whenever she was in the hallway since the principal would not act. The teacher told the parent what had gone on and the parent was mad, but the principal blew him off. Unless administration steps and does what is right, the kids lose out.

    Hopefully you get your money. I like the idea of going to the sheriff. You might also want to contact the local media if you and the sheriff have to make a visit.

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