Gym Taking me to Small Claims Court

[cftrojan]

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

I signed a gym contract in September of 2016. A few months in, my bank account dipped into negative and my income nearly dried up. I attempted (albeit not that aggressively) to make other arrangements with the health club in question, but they continued to hammer my now defunct checking account racking up fees that outpaced my membership fee.

Now, I have a small claims court demand for nearly $500 and I'm not 100% sure it even cancels the membership contract.

I went to the gym once - on the day that I entered into the contract. If there are other details needed, I'd be happy to provide them.

Can I get out of this or negotiate it down?

 

[Zigner]

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

I signed a gym contract in September of 2016. A few months in, my bank account dipped into negative and my income nearly dried up. I attempted (albeit not that aggressively) to make other arrangements with the health club in question, but they continued to hammer my now defunct checking account racking up fees that outpaced my membership fee.

Now, I have a small claims court demand for nearly $500 and I'm not 100% sure it even cancels the membership contract.

I went to the gym once - on the day that I entered into the contract. If there are other details needed, I'd be happy to provide them.

Can I get out of this or negotiate it down?

What do you mean "get out of this"? Legally, you're obligated to pay what you agreed to pay. As for negotiating, you can try. However, it's apparent that you've ignored this problem for the better part of a year - long enough for them to feel the need to sue you. What makes you think that your word during any negotiations would mean anything?

 

[adjusterjack]

Now, I have a small claims court demand for nearly $500

It's not going to end up just $500. You will also owe filing and process service fees which could run between $50 and $150. And you can almost be certain that your contract has a bilateral attorney fee provision that says loser pays winner's attorney fee. If the Plaintiff has an attorney you are at risk for that, too.

You can offer a lump sum cash settlement if you have the cash. If you don't have the cash I doubt if the Plaintiff will accept a payment plan without first going to judgment.