I enrolled my daughter at a new childcare less then 2 months ago, they closed due to the coronavirus and the owner says that they will try to reopen on April 13th (I don't think this will happen). In the contract they say that they can close the facility but there is no mention to the fact that we should pay for it if they are closed but the owner says that we have to give 30 days notice (so she is going to make us pay the entire month of April).
Unexpected School Closings
Normal hours of operation are subject to change at any time to ensure the safety and well-being of your children and our staff. Due to the unavoidable occurrence of emergency weather conditions, power outages and wildfires, please remember any closure is the protect the wellbeing of the children in our care.
The language of the contract may provide some insight into this, so you might consider having it reviewed by a consumer attorney. However in your situation, I think you would be justified in the assumption that payments made to the child care provider are for services -- child care. If the facility closes for an extended period (more than a week), it is hard to see how the provider can shift that onto clients by invoking the 30-day cancellation clause. That clause exists to allow the owner time to get a new client when one client leaves. You have not made the choice to leave or move to a different provider -- you and everyone else is the victim of circumstance.
I have received an "Alias Summons" to file a written appearance for a complaint or lawsuit against me for credit card debt by Capital One. It says if I fail to do so, a judgement by default may be taken against me for the relief asked in the complaint. I have heard that in some areas of Illinois, the courts are arresting and jailing people for contempt for ignoring a summons for debt collection. My question is, in my area, can they do this to me? I live in Chicago, Cook County. Also, I have no job, no assets, I don't even have a checking account. In other words, I have nothing. I can't even afford the filing fee for the written appearance. So would they still take a judgement by default against me, and would that also lead to arrest and jailing? What can I do? Thank you.
