CanI be sent to court for a case that was settled 2 years ago?

My wife and I were under a contract which stated that we had to pay $25 a month for a gym membership. Once the gym had burned down we did not continue making payments on the membership which then went into collections. the debt was $842.14 which was settled at $600, 2 years ago. Now Ijust received a judgment against me for the amount of $842.14. Icalled one of the counselors to resolve the problem but they said it was the same contract but different memberships.

Asked on November 2, 2011 under Bankruptcy Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you believe that you settled a claim regarding a prior gymnasium membership, you need to carefully read the presumed written settlement agreement that you have in that its terms and conditions control the obligations owed by each party to the settlement absent conflicting state law.

Potentially the settlement agreement that you have may preclude the current judgment for $842.14. In any event, you need to file a motion immediately to set aside the default judgment that you have written about. There are forms online to assist you. Your county law library may also have forms. Your county bar association may have a program to assist people like you on how to fill out the forms and file the motion to set aside the default.

Good luck.

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