Legal Question in Credit and Debt Law in California
wage garnishment
I entered into a 3 year contract with a health club. A few weeks later I ran into employment problems and was unable to continue the payments. However, I was unable to get out of the contract. Since I was unable to make the payments, they, of course, cancelled the membership immediately and made the entire amount due. Now they are threatening to garnish my wages if I don't pay. First - How likely is this to happen - since I did not receive any goods or services for the amount I owe - and second - is it possible to work out a deal to where I would pay the amount in return for the services (or even a portion) I did not receive originally?
2 Answers from Attorneys
Re: wage garnishment
Thanks for your posting, and apologies for how long it took for you to get a response.
The law has always had problems with health clubs, who have special requirements. NO ONE can get a wage garnishment without first getting a judgment, which they may not even find it worth to do.
I hope this helps, and if you need legal representation, or have further questions, please feel free to call me anytime, toll free, at 1-877-568-2977, or email my office.
Re: wage garnishment
Two points:
1-in California, health club contracts are regulated by statute, and must contain certain provisions, or are void. Have an attorney look at theirs to see if they complied. If in violation, you may not owe anything.
2-The threat to garnish your wages was probably illegal under the Fair Debt Collection Practices Act, if they have not obtained a judgment yet. You may have a right to sue them, and might find a lawyer on a contingent fee to do so.
Good luck.
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