Legal Question in Credit and Debt Law in New York

Contracts

At 17 years of age without my mothers permission I signed a contract to a gym. The staff member of the gym with the approval of her manager, lied on my paperwork making it seem as if i was between the ages of 23-25. A few months later when my father suffered from a heart attack, I tried to cancel my contract, they wouldnt let me. I stopped going to the gym after that but collection agencies began to call. At one point they told me to mail them my birth certificate, my mother wanted to fax it for fear of it getting lost in the mail. By the time i found a copy of my birth certificate, the fax number had been misplaced, and now a year later, another collection agency is begining to call, and they tell me no matter what a contract is a contract. Is that true? even though I tried to cancel it and signed as a monor with out my mothers permission? what should I do?


Asked on 2/12/07, 6:21 pm

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Contracts

If you were a minor when you entered in to the contract, the contract is VOIDABLE. That means you are not bound by it. Send the collection agency a written letter CERTIFIED MAIL RETURN RECEIPT REQUESTED and tell them to stop contacting you or you will sue them under the FDCPA (Fair Debt Collection Practices Act).

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Answered on 2/13/07, 9:31 am


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