Legal Question in Credit and Debt Law in Massachusetts
Will this hold up in court?
I was a member of a dog agility group. There was a falling out w/the owner and I left the group. I paid monthly dues every month but upon departure was verbally assaulted by the owner of the club. I was hurt and did not pay $30 worth of fees for an event prior to the blowup. She is coming after me for this money and I refuse to pay it as there were no written rules, bylaws, etc. in the club and I never signed an agreement when I joined. She says it was 'understood' that as long as I was a member I knew the 'rules'.
She will have to take me to small claims court as I refuse to pay. Do I have a leg to stand on? Will the fact that the 'draft bylaws' (which I helped draft up prior to leaving) state that the fees are prepaid by the club then reimbursed by the members. The draft does say that if a member does not pay they will be expelled from the club - but does not say anything about legal action, etc.
Can she win this case in small claims court? *She will file out of spite even though the filing fee is as much as the claim.
2 Answers from Attorneys
Re: Will this hold up in court?
It seems the central issue is whether or not you have an obligation to pay the group $30 based on the fact you were expelled from such group for your admitted failure to pay the $30 fee which was authorized by the bylaws ( which you ,in fact, admittedly helped draft). It seems you may have answered your own question.
: Will this hold up in court?
I do not have any concept of what the verbal assault was.
As to the fees, there must be some legally valid basis under which she can seek payment. An ad hoc agreement alone is probably not enough.
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