H
helpmenow
Guest
I rcvd a civ summons. It says I have 20 days to file answer at courthouse. After I do this, what happens? I feel I have a valid reason for not paying the debt...I didn't know it existed!! (see my prev post). They did not mention a hearing or any kind of date when I have to appear in front of a judge. I guess I don't really understand a couple things: 1) How can the creditor turn the matter over to an attorney w/o contacting me themselves first? They had the wrong address despite my having given them the right one in person at the time that I cancelled the contract. Conveniently, they have combined their contract termination form w/ a form that can also (together w/ complete termination of contract or separately from) cancel only an automatic debit from a bank account. So now they are claiming we only canceld the eft and not the whole contract...even though we signed AND the gym rep signed and dated both the section to cancel eft and the section to cancel entire contract. We believed ourselves to have moved outside their 25 mile radius from closest facilty...and the clerk told us she'd turn the paperwork we signed as well as our "proof of move" over to the corp headqtrs. What she did not say was that the HQ actually has to review and approve the termination paper for it to be valid. We can't find written mention of this anywhere in our paperwork, and now they claim we live only 15 miles from the nearest facility so we still have open contracts. ONly because of the gym having the wrong address (again, their clerk made a typo) we never rcvd collections notices. Because we goofed and didn't realize the gym was less than 25miles away (and thus our contracts still open) we are more than willing to pay the months missed on our contracts...but because of the lack of communication was their fault, we want them to waive all the other charges they are demanding: interest on unpaid balances, fees, court costs, and attorney's fees. Do we have to file countersuit for this or can we just file this as a statement w/ our Answer? Sorry to blather on....