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?
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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 12 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.
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