Second opion on suing a local gym?

[helpmeplz84]

Apparently, OP is on a $50/month plan. I'm SURE the OP's attorney is chomping at the bit to go after this $600 lawsuit!

Obviously, he wouldn't take the case if it wasn't legit. And it's not solely a $600 lawsuit, hence I am also suing for other things as well. Which I've already addressed in this post, smart ass.

 

[helpmeplz84]

So the attorney is telling you that it's a good case?

Why are you here exactly?

(And how much does your attorney want up front? )

I am here to: get a second opinion. Which I clearly stated in my opening post. I am getting as much advice as I can on this because I, once again, am not familiar with suing anyone. I have never sued before and I just wanted to get more information.

We are waiting to cofirm if he can get approval first to have the gym responsible for the charges. I am awaiting to hear this first before we are able to move anu further

 

[justalayman]

Apparently, OP is on a $50/month plan. I'm SURE the OP's attorney is chomping at the bit to go after this $600 lawsuit!

did you know that was originally "champing" instead of chomping? and some people still consider chomping to be incorrect even though the term chomping is derived from champing?

things you didn't know...






and probably don't really care about.



I chased a bunch of Gold's gym websites. What I see a lot is that many offer a free 30 day period with the purchase of a 1 year contract. In other words, you pay 11 months and get 12 months membership.

Since OP doesn't have any of the information posted with the display and does not appear to want to give up the terms of the contract, it's only a guess.

The law firm I am working with believes that I have a valid claim and he says that "we may be able to do some pretty interesting things with this case.".

Lawyer to layman translation:

I can spend a lot of billable hours filing frivolous actions and claims. While they will likely be able to defend against all of them, I might get something to stick or they may just miss one but regardless, I'm going to make a lot of (your) money making you think the case has value.

 

[helpmeplz84]

All the info YOU think there is to tell.

For one thing, nobody here has read your contract! Think that might be a useful detail?


Call and find out. Good grief.

For one thing, I am not going to sit here and type to you the entiriety of my contract. I gave you the information in my contract that pertains to cancellation, specifically with a medical reason. Which I clearly posted more than once and is the reson for me wanting to take legal action. Think it may be a useful idea to read before you attempt to be a smart ass?

It was a simple question. If you are providing a phone number for me to call, is it too far fetch for me to simply ask if they are open 24 hours? I apologize for making such an unreasonable request by asking if you happen to know that information.

 

[helpmeplz84]

Please read the attorney contract before signing it.

Note the difference between "can be" and "WILL BE". Also inquire if there will be any fees if you do not win.

Thanks for the advice.

And yes, I do understand the difference between 'can be' and 'will be'. We are waiting to get approval first if it is a definite or not and then we will move from there.

 

[justalayman]

We are waiting to cofirm if he can get approval first to have the gym responsible for the charges. I am awaiting to hear this first before we are able to move anu further

approval from whom? You think Gold's, or the independent owner of the Gold's you are dealing with (two very different entities btw) is just going to say; sure, we'll pay her legal fees.

the only other entity that can approve the claim would be the the court. Since you have filed nothing, I think your wait will be long and eventually result in, no.

 

[Silverplum]

For one thing, I am not going to sit here and type to you the entiriety of my contract.

Then don't blame the volunteers who state that there is a paucity of usable info in your posts.

Simple, isn't it?

I gave you the information in my contract that pertains to cancellation, specifically with a medical reason. Which I clearly posted more than once and is the reson for me wanting to take legal action. Think it may be a useful idea to read before you attempt to be a smart ass?

What I think is reasonable and useful is that you call your attorney names. Yes.

 

[Proserpina]

Thanks for the advice.

And yes, I do understand the difference between 'can be' and 'will be'. We are waiting to get approval first if it is a definite or not and then we will move from there.

Approval from whom, exactly?

<crickets chirping>

 

[helpmeplz84]

approval from whom? You think Gold's, or the independent owner of the Gold's you are dealing with (two very different entities btw) is just going to say; sure, we'll pay her legal fees.

the only other entity that can approve the claim would be the the court. Since you have filed nothing, I think your wait will be long and eventually result in, no.

Waiting for approval from the law firm's supervisor. They have to seek permission first in order to start the process..

Then depending on that and what we feel may actually stand up in court and what it will be worth, will determine if we will move further.

But if that doesn't work out...there is another option in my area that will cover all of my legal fees and this organization for my community may be the next route.

 

[Proserpina]

Waiting for approval from the law firm's supervisor. They have to seek permission first in order to start the process..

Then depending on that and what we feel may actually stand up in court and what it will be worth, will determine if we will move further.

But if that doesn't work out...there is another option in my area that will cover all of my legal fees and this organization for my community may be the next route.

Mmmmhmmmm.

 

[justalayman]

For one thing, I am not going to sit here and type to you the entiriety of my contract. I gave you the information in my contract that pertains to cancellation, specifically with a medical reason.

Which I clearly posted more than once and is the reson for me wanting to take legal action.

make up your mind. If that is your cause of action, why the issue with the false advertisement issue?

and you typed what you thought was pertinent. You go ahead and tell your lawyer only those one or two lines and tell him to deal with it and see what you get for a response.

It was a simple question. If you are providing a phone number for me to call, is it too far fetch for me to simply ask if they are open 24 hours? I apologize for making such an unreasonable request by asking if you happen to know that information.

call now; operators are waiting; is not generally something you hear the state saying. They tend to keep relatively normal business hours just like every other business. Of course, since you loathe typing anymore than needed, you just have to realize that punching 10 digits into a phone is a lot simpler than all the keystrokes used to type out not only the question of: are they open 24 hours, and then this latest response.

 

[Zigner]

Waiting for approval from the law firm's supervisor. They have to seek permission first in order to start the process..

Then depending on that and what we feel may actually stand up in court and what it will be worth, will determine if we will move further.

But if that doesn't work out...there is another option in my area that will cover all of my legal fees and this organization for my community may be the next route.

I'm sorry that I didn't mention this earlier, but please realize that at THIS point in time, you have a case worth $50 max. That is all you are out (so far.)

And, I don't recall seeing a response to my recommendation that you dispute the charge with your credit card company...did I miss it?

 

[justalayman]

helpmeplz84;3090290]Waiting for approval from the law firm's supervisor. They have to seek permission first in order to start the process..

My prior post was serious and you should notice that the law firm's supervisor was not in that very short list of possibilities

Then depending on that and what we feel may actually stand up in court and what it will be worth, will determine if we will move further.

I'll save you the time: supervisor said (and I quote): "toss it into the complaint. The worst they will say is no but you do realize we have no legal basis under which to make the claim, right?"

But if that doesn't work out...there is another option in my area that will cover all of my legal fees and this organization for my community may be the next route.

I'm thinking you should get a head start on this option right now.

 

[helpmeplz84]

For one thing, I am not going to sit here and type to you the entiriety of my contract. I gave you the information in my contract that pertains to cancellation, specifically with a medical reason.make up your mind. If that is your cause of action, why the issue with the false advertisement issue?

and you typed what you thought was pertinent. You go ahead and tell your lawyer only those one or two lines and tell him to deal with it and see what you get for a response.



call now; operators are waiting; is not generally something you hear the state saying. They tend to keep relatively normal business hours just like every other business. Of course, since you loathe typing anymore than needed, you just have to realize that punching 10 digits into a phone is a lot simpler than all the keystrokes used to type out not only the question of: are they open 24 hours, and then this latest response.

Well of course, I won't be communicating with my lawyer via text, obviously. You of all people on this website should know he has to visually see the entire contract.
And you are EXACTLY right! For the use of this form, I did NOT and will NOT waste my time type the entire contract front and back. For the sake of what I am asking, what I provided is sufficent enough information for you to make an educated response to my question. What I gave is the ONLY thing in the contract that is in reference to cancellation and medical reasons. So, that is why that's all I typed here.

I don't have an issue with calling anyone, lol. I don't know where you received your information. I SIMPLY asked if he/she knew the hours of operation, being that this is my first time hearing of this organzation and they are the ones who willingly provided me their contact number. If it's too much trouble to ask if you know a company's hours or if you came to the conclusion in your simple minded head that I am just so lazy and don't want to dial 10 digits into my phone to get this matter resolved, then please discontinue conversing with me because you're too dumb for your own good.

 

[helpmeplz84]

For one thing, I am not going to sit here and type to you the entiriety of my contract. I gave you the information in my contract that pertains to cancellation, specifically with a medical reason.make up your mind. If that is your cause of action, why the issue with the false advertisement issue?

and you typed what you thought was pertinent. You go ahead and tell your lawyer only those one or two lines and tell him to deal with it and see what you get for a response.



call now; operators are waiting; is not generally something you hear the state saying. They tend to keep relatively normal business hours just like every other business. Of course, since you loathe typing anymore than needed, you just have to realize that punching 10 digits into a phone is a lot simpler than all the keystrokes used to type out not only the question of: are they open 24 hours, and then this latest response.

Forgot to include that the reason for suing against deceptive advertisment because that's what it is: deceptive. I signed the contract under false pretenses. So, when I called in to cancel originally and informed that I couldn't..that is issue #1. Then issue #2 comes along when I actually do provide a note and they won't honor it, going against what is stated otherwise in the contract a.k.a. breach of contract. You can sue for more than one reason. It doesn't have to be 'one or the other'.