Legal Question in Credit and Debt Law in Massachusetts
collection
I just recently, within the past week, got a $40 bill from a gym that I had a membership to years ago. I called and asked the date of service and they said it was from March of 2003. I laughed and said ''you've got to be kidding right?'' First of all, I don't even think that I owe them any money at all, but it was so long ago, I don't have any records or receipts any more, and second, why didn't they send me the bill years ago, when it was supposedly due? Can they legally make me pay this?
2 Answers from Attorneys
Re: collection
Maybe; maybe not. Your defense here is probably waiver/estoppel. By waiting until now to charge you for 2003 services, the gym waived its right to payment for those old services. It had the ability to bill you then, but failed to do so, thereby waiving the right going forward.
Similarly (but slightly different) is estoppel. Even if the gym was technically due the fee, they should be estopped from being allowed to collect it so many years later due to their own neglect to do so within a reasonable time following the services. Allowing the gym to collect now would be unfair to you, so estoppel could apply. Tell the creditor, in writing, you dispute the validity of the charge. If they follow up (and they probably will not), these would probably be your legal defenses.
This is mere (uninformed) opinion, however; NOT legal advice.
Re: collection
Given the fact that the statute of limitations on debts owed within the Commonwealth of Massachusetts is 6 years, the health club is not precluded from bringing an action to enforce the $40 indebtedness. As a practical matter, it would seem a bit ludicrous to expend the time, money and effort required in a bringing a lawsuit (considerably more than $40) to collect upon a $40 debt.
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