Legal Question in Credit and Debt Law in California

Martial Arts Contract

I attended a free martial arts class and I was told if I signed up that night that I would get a big discount. I told the worker that even though I wanted the good deal IF I joined the gym, I wasn't 100% sure. She instructed me to go ahead and sign the contract, get the special offer, and she would call me in a couple of days and ask me if I wanted to continue the contract. She called me two days later, I told her to cancel, and I didn't hear anything else until I received a call from a collection comapany demanding $1300 (the price of a year of instruction). I called the collection company, they instructed me to call the studio and discuss the situation with them (they claimed they were sending collection mail to my old address). I called the owner of the studio, told him that I canceled my contract two days after the sign date and that I even moved out of the state a couple weeks later. He told me he would 'drop' the collection if I provided him proof of working in another state. I sent him a check stub and heard nothing again until i got a collection letter from a different company stating I owe them $1300!

I didn't utilize his service, so am I legally bound by the contract?

A friend was with me at the time who witnessed it.


Asked on 6/01/09, 3:50 am

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Martial Arts Contract

Don't do stuff verbally. Read the contracts you sign. Whatever the salesperson told you doesn't mean diddly-do. If the language of the contract says you can cancel it, do so in writing or as otherwise provided in the contract. Here, you claim to have told someohe to cancel two days later, but you didn't say if the contract allows this, and in any event it's your word against theirs. Next time write a letter, certified mail return receipt.

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Answered on 6/01/09, 3:57 am


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