Legal Question in Business Law in California

breech of contract

Approximately 30 days ago I paid my annual membership dues to the local private health club with a credit card. Today the health club's doors are closed with a notice saying they have ''closed their doors and are out of business.'' Can I get a refund?


Asked on 3/11/09, 7:32 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: breech of contract

You are probably entitled to one, but whether you can actually get it is another matter.

Contact your credit card issuer immediately and see if it can intervene on your behalf. Sometimes a card issuer can reverse a transaction even after it has been completed, if the merchant (in this case, the health club) violated the terms of its agreement with the credit card company.

You should also write a letter to the club demanding a refund. Even if this doesn't work, it will make a record of your claim. If the company files for bankruptcy, this should ensure that you are listed as a creditor.

Good luck.

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Answered on 3/11/09, 7:36 pm
Terry A. Nelson Nelson & Lawless

Re: breech of contract

from who? You ultimately may be able to file a claim in bankruptcy court.

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Answered on 3/11/09, 8:40 pm


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