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 10 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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