IfI thought that I had been let out of my gym membership due to my deployment but was not, what are my rights?

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IfI thought that I had been let out of my gym membership due to my deployment but was not, what are my rights?

I signed a contract to join a gym. I was later being deployed and I faxed my orders to them and was told everything was OK. Now, over a year later, collection agency is calling me telling me that I owe over a t$1,000. I’m no longer in the military and in a whole other state. What can I do? The contract was signed in CA; I now live in TX.

Asked on July 12, 2011 under Bankruptcy Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It must be very frustrating to think that this was taken care of and then it comes back to haunt you.  The first thing that I would do is to contact the gym and ask to speak with the manager.  Explain the circumstances and offer to re-fax them the deployment order and ask them to call off the collection agency.  Do you remember whom you spoke with last time?  That would help if you could give that information. Once you speak with the person confirm the conversation in writing giving the details again and fax the papers with the letter.  Then call the collection agency and speak with a supervisor. Get a name and fax number.  Tell them what happened and that you are faxing a copy of the letter and papers you have sent to the gym.  Indicate in the cover letter that you expect that this matter will not be reported to any credit bureau (state that in the letter to the gym too) and that the matter is cleared up within 30 days or you will report them to the state Attorney General's Office.  Good luck and thank you for your service to out Country.


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