Wednesday, December 23, 2009

Can you sue for services rendered?

I was going to a '; licensed'; daycare. Well come to find out she is not licensed as she claimed, I was very upset. i did not pay her for last 2 weeks. She took me to court and she lost because in MI you have to be state licensed and she cannot collect monies if she is not licensed. my question is can I sue her for all the weeks I did pay her?Can you sue for services rendered?
You can sue. No guarantee you will win though. You will need proof of payment.Can you sue for services rendered?
You could have counter-claimed for the money you paid, but it might be more difficult to recover that now. Go to www.michbar.org and look for attorney referrals. You want an attorney that is willing to take the case on a contingency basis.





There are two issues here. First, under Michigan law, she cannot collect for unlicensed day care. However, she can argue that you should have known and she is entitled to the money under a theory of unjust enrichment (you go a valuable service that you now don't want to pay for). Second, there is an issue of res judicata. If an issue is decided in one proceeding, the same parties cannot re-litigate the same claim in another proceeding. However, if it was small claims court and you were both unrepresented, you might be able to get around this.





Good luck!
Why didn't you counter sue for the monies at the time she took you to court????????

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