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Trying to sue a gym for unauthorized charges to my credit card

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tinkhamrn

Junior Member
North Carolina. For over a year now, I have been billed monthly by a gym in Charlotte, NC despite signing two cancellation forms in person at the gym. This gym apparently bought my membership from my old gym that closed down, but I did not know this until I called the third party billing company that was charging my credit card. I filed a dispute with my credit card company and they have blocked the charges. However, now I am receiving statements in the mail from the third party billing company stating that I owed more money and that my debt will be turned over to a collections agency. When I call them they say that they have not received a cancelation from the gym and they can not help me. I filed a complaint through the BBB, but received no response from the gym. I want to sue the gym in small claims court for all charges after I signed the cancellation as well as damages if this issue affects my credit (not to mention the time I have spent on phone calls, emails, and driving to this gym over the last year over this issue) The problem is that the gym seems to be set up so that it's nearly impossible to figure out who can help me. The third party billing company blames the gym. There is only the one location for this gym in NC and the manager seems to change every few months. I looked on the NC database and found that the gym was set up with a registered agent in Raleigh, NC. However it seems to be owned by a gym in Georgia. The business card that the manager gave me a few months ago listed 4 locations, 3 in GA and one in Charlotte, NC. So, my question is this: Who/where do I need to have the summons served? I would like to have it served to the club in Charlotte, but is the manager for this location (who has only been there for 6 months and may change tomorrow) a good enough person to be served? If I need to have the summons served to the registered agent in Raleigh, will I have to do this through the court system in Raleigh and travel to Raleigh on the court date? As I said before, the whole organization seems to be set up to intentionally make it impossible to speak with anyone of authority. I just want to make sure that I have the papers served to the appropriate person or office that can actually be held accountable by the court.
 
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Reto

Junior Member
North Carolina. For over a year now, I have been billed monthly by a gym in Charlotte, NC despite signing two cancellation forms in person at the gym. This gym apparently bought my membership from my old gym that closed down, but I did not know this until I called the third party billing company that was charging my credit card. I filed a dispute with my credit card company and they have blocked the charges. However, now I am receiving statements in the mail from the third party billing company stating that I owed more money and that my debt will be turned over to a collections agency. When I call them they say that they have not received a cancelation from the gym and they can not help me. I filed a complaint through the BBB, but received no response from the gym. I want to sue the gym in small claims court for all charges after I signed the cancellation as well as damages if this issue affects my credit (not to mention the time I have spent on phone calls, emails, and driving to this gym over the last year over this issue) The problem is that the gym seems to be set up so that it's nearly impossible to figure out who can help me. The third party billing company blames the gym. There is only the one location for this gym in NC and the manager seems to change every few months. I looked on the NC database and found that the gym was set up with a registered agent in Raleigh, NC. However it seems to be owned by a gym in Georgia. The business card that the manager gave me a few months ago listed 4 locations, 3 in GA and one in Charlotte, NC. So, my question is this: Who/where do I need to have the summons served? I would like to have it served to the club in Charlotte, but is the manager for this location (who has only been there for 6 months and may change tomorrow) a good enough person to be served? If I need to have the summons served to the registered agent in Raleigh, will I have to do this through the court system in Raleigh and travel to Raleigh on the court date? As I said before, the whole organization seems to be set up to intentionally make it impossible to speak with anyone of authority. I just want to make sure that I have the papers served to the appropriate person or office that can actually be held accountable by the court.
Credit card? Or debit card? If it was a credit card and truly unauthorized all you have to do is call your cc company and tell them it is a fraudulent charge. They will temporarily put that money back into your account while they investigate. If it is truly a fraudulent charge they will more than likely stop allowing the charges and restore your money. I have done this a few times. With banks it is a bit harder than a cc company, but they too will investigate.

Also, after the first time this happened I'd have cancelled the card and got a new one and let them keep trying to bill my cancelled card. Problem solved.
 

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