Can an in-home daycare provider get rid of a child’s belongings and medication while waiting for their parent to pay a debt owed?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an in-home daycare provider get rid of a child’s belongings and medication while waiting for their parent to pay a debt owed?

My son attended an in-home daycare for a few months. When money got tight I removed him. I did owe the lady money and was doing my best to pay her. She still had some items of his: blanket, clothes and medications. I contacted her yesterday to tell her when I could pay and she told me I didn’t need to and that she got rid of his things.

Asked on January 10, 2012 under Bankruptcy Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, she may not; the fact that you owed her a debt did not entitle her to either keep or dispose of his belongings.

That said, it may not be worthwhile taking action: if  you try to sue her for the value of these things (which is the only way you could recover compensation), she may then elect to counterclaim for whatever unpaid balance you owe her. At this point, unless what she threw away is significantly more valuable than what you owe her, it's probably best to let the matter drop.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption