Do I have a chance against a debt collection lawsuit for a gym membership contract?

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Do I have a chance against a debt collection lawsuit for a gym membership contract?

I was sued for gym membership contract for $1127, with a lawyer fee of $567. If I hire a lawyer do I have a chance to get away from it? Knowing that I was misrepresented by the gym about the cancellation process of the contract. Should I go to court or try to settle the debt?

Asked on October 1, 2011 under Bankruptcy Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) If the gym knowingly mispresented something to you in, or at the time of, the formation of the agreement (i.e. when you signed up), that may provide grounds to void the contract and escape it without penalties.

2) However, whether you can prove that depends on the strength of your evidence vs. the gyms. If the agreement or other documentation which you received prior to or at the time of signing up for the gym set out the proper process, then even if you had previously been told something else, you would have a weak case--the fact that you had the proper information in front of you will generally mean you could not rely on the previous representation(s).

There is no way to answer whether you should fight or settle--it depends on how strong your evidence or case is that the gym misrepresented, or lied, to you in some important way prior to your entering into the agreement with it.


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