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Gym suing me need advice!

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thumpin2

Junior Member
a gym is taking me to small claims court for stopping automatic debit. This happened a week after we signed the 1 year contract. Is there anything I can do?
 


They are taking you to court for lack of payment ... read the contract you signed for details of liability

If they really are suing you for just cancelling auto-pay then counter-sue to cancel the contract as a sanction for filing a frivolous suit
 

Proserpina

Senior Member
sorry didn't see the bottom post... Yes i know what they are suing me for.


Before you get sanctioned yourself for filing what may be a frivolous countersuit, have you made other payment arrangements?

Have you read the small print of your contract?

And seriously - where are you located?
 

sandyclaus

Senior Member
a gym is taking me to small claims court for stopping automatic debit. This happened a week after we signed the 1 year contract. Is there anything I can do?
They are taking you to court for lack of payment ... read the contract you signed for details of liability

If they really are suing you for just cancelling auto-pay then counter-sue to cancel the contract as a sanction for filing a frivolous suit
sorry didn't see the bottom post... Yes i know what they are suing me for.
If you KNOW what they are suing you for, how about you let us in on the secret?

You want answers, we need the whole story (the condensed version).

It's unlikely they would sue you for simply cancelling an automatic debit. Unless, of course, that resulted in you NOT paying your payments, in which case, they have every reason to sue you for that.
 

thumpin2

Junior Member
This is the story (condensed)...My wife was an instructor for this gym and I was only a member. We signed a 1 year contract and 1 week later the owner went nuts on my wife for about the 5th time. So, we stopped our automatic withdrawal and stopped going to the gym. Decided we didn't need the drama anymore. Two weeks ago I received a letter from an attorney stating we owed 1 years worth of membership. I went to my bank and turned the automatic withdrawal back on. 1 week later I get hit with the letter about small claims court.
 

sandyclaus

Senior Member
This is the story (condensed)...My wife was an instructor for this gym and I was only a member. We signed a 1 year contract and 1 week later the owner went nuts on my wife for about the 5th time. So, we stopped our automatic withdrawal and stopped going to the gym. Decided we didn't need the drama anymore. Two weeks ago I received a letter from an attorney stating we owed 1 years worth of membership. I went to my bank and turned the automatic withdrawal back on. 1 week later I get hit with the letter about small claims court.
So you DID stop paying for your membership then.

While you may have turned the automatic withdrawal back on, you still have a year's worth of overdue membership fees.

Pay what you owe or face Small Claims court, get a judgment on your record, and STILL owe what you haven't paid.
 

Proserpina

Senior Member
So you DID stop paying for your membership then.

While you may have turned the automatic withdrawal back on, you still have a year's worth of overdue membership fees.

Pay what you owe or face Small Claims court, get a judgment on your record, and STILL owe what you haven't paid.


That's pretty much what I figured had happened ;)
 

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