Legal Question in Credit and Debt Law in California

Fitness Membership ruined my Credit.

I cancelled my Fitness Membership

before the contract was supposed to

end and I paid for the penalty. The

penalty charge I feel I had no choice

to pay but my credit was damaged.

Do I take them to small claims or

hire an attorney? Thanks


Asked on 7/21/08, 2:10 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Fitness Membership ruined my Credit.

I apologize, however, your question is not very clear. It sounds like you paid the penalty, but had your credit damaged? Did you pay the penalty late? If not, it should not have adversely affected your credit. If you paid it late, its like any other obligation, and it can result in a ding on your credit. I don't see a basis for a lawsuit in your post. If you are claiming that the fee was improper, you need to review your contract - you most likely agreed to pay membership dues for a specific term, and you failed to do so. As such, if they have an early termination fee in their contract, you are liable to pay it, and suing them will probably result in your owing them attorney fees. Consult with an attorney before you file anything - it appears to me that you may not have any basis for a lawsuit.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/21/08, 4:01 pm


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