Please help with Debt Collection Issue

[Danny2010]

What is the name of your state (only U.S. law)? Louisiana

My wife signed up for a spa membership in 2009 for 1 year. They require you to actually come in and cancel your membership after the yea if not it will auto renew every year after. My wife went in (I was with her) and cancelled her membership, 2 years pass and now we receive a letter from a law firm/collection agency that she owes for 2 years of membership. We call and speak to them and they confirm that the letter was sent in error and to disregard it. Now roughly 2 years later we receive another letter saying we owe membership/ late fees/ and administrative fees for the membership from the company this time not a law office or collection company. I call and they say she never cancelled and I inform them of all the past contacts and confirm it was cancelled. they ask for the cancellation form but over the course of 5 years it has been misplaced.

Now my question is what should be do, they are demanding payment of $3500.00 5 years later and say any reasonable person would keep the cancellation contract for life. Please help!

 

[davew128]

What happened when you showed them your proof of cancellation?

 

[Zigner]

What is the name of your state (only U.S. law)? Louisiana

My wife signed up for a spa membership in 2009 for 1 year. They require you to actually come in and cancel your membership after the yea if not it will auto renew every year after. My wife went in (I was with her) and cancelled her membership, 2 years pass and now we receive a letter from a law firm/collection agency that she owes for 2 years of membership. We call and speak to them and they confirm that the letter was sent in error and to disregard it. Now roughly 2 years later we receive another letter saying we owe membership/ late fees/ and administrative fees for the membership from the company this time not a law office or collection company. I call and they say she never cancelled and I inform them of all the past contacts and confirm it was cancelled. they ask for the cancellation form but over the course of 5 years it has been misplaced.

Now my question is what should be do, they are demanding payment of $3500.00 5 years later and say any reasonable person would keep the cancellation contract for life. Please help!

You don't necessarily need to keep copies of contracts for life, but you should keep them for at least a period of time that is longer than the statute of limitations. In your case, the statute of limitations is 10 years from the point that the membership ended.

 

[Zigner]

What happened when you showed them your proof of cancellation?

The OP stated that it has been misplaced in the course of the last 5 years.

 

[Danny2010]

You don't necessarily need to keep copies of contracts for life, but you should keep them for at least a period of time that is longer than the statute of limitations. In your case, the statute of limitations is 10 years from the point that the membership ended.

10 years? Wouldn't the Statue of Limitations be 3 years based on Louisiana Art. 3494. being Subject to liberative prescription of 3 years?

 

[Zigner]

10 years? Wouldn't the Statue of Limitations be 3 years based on Louisiana Art. 3494. being Subject to liberative prescription of 3 years?

We're talking about a written contract.

 

[Danny2010]

We're talking about a written contract.

Yes a written contract. Louisiana Art 3494 applies to written contracts as well?

 

[Zigner]

Yes a written contract. Louisiana Art 3494 applies to written contracts as well.

Well then, I guess your (flawed) conclusion is the final word on the matter. Good day.

ETA: About 520,000 results in .49 seconds disagree with you:

http://bit.ly/1z3Zgtm

 

[Zigner]

PM from the OP received:

I was asking for help not telling. But any way I spoke to a local lawyer and he informed me that Art. 3494 in Louisiana applies here and the Statue of Limitations is 3 years not 10. Thanks anyway for your help.

Also for reference State Statutes Of Limitations For Old Debts | Bankrate.com

It's a shame that the OP is so misguided by his (supposed) attorney. It's also a shame that bankrate.com has incorrect information.

http://research.lawyers.com/louisiana/louisiana-statutes-of-limitations.html
http://www.nolo.com/legal-encyclopedia/statute-of-limitations-state-laws-chart-29941.html
http://www.thelaw.com/guide/civil/louisiana-statute-of-limitations-civil-actions/
http://protectingconsumerrights.com/debt-collection-problems/statute-of-limitations-by-state/states/louisiana/
http://limitationsofactions.uslegal.com/state-laws/louisiana-statute-of-limitation/

(None of the above are meant to be taken as recommendations or endorsements. They are simply links found through a Google search.)

 

[Danny2010]

Also spoke with State and also confirm it applies to my written contract. Article 3494 Applies. Also for the note I never came to any conclusion as you stated above that was flawed, I simply asked a question as to if it applied to my situation. That's when you gave your sarcastic reply before reading and understanding I was asking not telling.

Also the company has now corrected my collection with them and the amount is ZERO! Due to La Article 3494 for action on an open account Three Year Prescription subject to liberative prescription. So I must say my SUPPOSED Attorney got the job done in this case, and in the matter of a few days. So I really don't care if you or him are right or wrong, my situation has been corrected. And I really don't care if you decide to post a long lengthy response to this trying to validate that you are correct and I was wrong in some sort of self gratification to other readers on here. fact is my situation has been corrected, that's all im worried about! end of story

 

[jimnyc]

Also spoke with State and also confirm it applies to my written contract. Article 3494 Applies. Also for the note I never came to any conclusion as you stated above that was flawed, I simply asked a question as to if it applied to my situation. That's when you gave your sarcastic reply before reading and understanding I was asking not telling.

Also the company has now corrected my collection with them and the amount is ZERO! Due to La Article 3494 for action on an open account Three Year Prescription subject to liberative prescription. So I must say my SUPPOSED Attorney got the job done in this case, and in the matter of a few days. So I really don't care if you or him are right or wrong, my situation has been corrected. And I really don't care if you decide to post a long lengthy response to this trying to validate that you are correct and I was wrong in some sort of self gratification to other readers on here. fact is my situation has been corrected, that's all im worried about! end of story

In other words, you want to lie about some sort of outcome, and then preemptively tell others to not reply as it won't bother you. I'm glad it worked out for you, Pinocchio!