Legal Question in Credit and Debt Law in Georgia
Ok I joined a gym that was month to month no contract. When I signed up they said I can cancel anytime I paid in cash but they said they needed a card number wether it be old and no longer working or not but it wouldn't ever be charged on my card. So me being young and 18 I did that. I went and paid my membership month to month on in cash. I stopped going and sent in my form stating I stopped (I don't know why this is necessary if they say you have no contract). So I mailed in my form and I kept still getting emails and calls saying I owed and they never got my cancellation form. So they sent me to collections... But why do I have to pay such an outstanding bill to collections if I never had a contract and I never went after I sent in my notice letter. Is there anything I can do legally to not pay this because the last time I went was the last time I paid. Please help
3 Answers from Attorneys
Did you sign a contract or ANY other document when you joined? If so, that is the first place to look for the answer and your post here does no good without telling us what it says. A month to month deal can still involve a contract and cancellation requirements.
If what you say is true, see a lawyer, and you may be collecting from them. However if you did sign ANYTHING when you started, and I bet you did, that contains the rules, and you may owe money. Show that document to a lawyer. Many month to month contracts do have mandatory language as how to cancel.
Surprise! Gym lied. You must have signed something. Gyms sell these agreements to factoring companies and even if you "cancelled" with the gym there is still the factoring company to deal with.
Without looking at the documents and knowing when events occurred, its not possible to advise. Your documentation is going to have to be reviewed by legal counsel.
If you do not want to go to this trouble and expense, you need to write a letter to the creditor or debt collector who is trying to collect. Dispute that you owe the debt (explain that you cancelled and send a copy of the form) and ask for the basis of your alleged liability as you claim you paid on a month-by-month basis and had no contract. Demand proof. See what they say.
If you need more help, please contact me at [email protected].
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