Legal Question in Credit and Debt Law in Michigan

I went to fitness USA with a friend. I was encouraged by an employee (Amy) to sign up for a membership. After filling out forms I was asked for a valid credit or debit card . I said I might have one at home. two employees follow me home (Amy) after finding the debit card we realize that it was expired. Amy said �that�s ok bring a payment when you come to work out�. She then took a carbon copy of the card. Two days later I got a call from a manger yelling at me because the card was invalid. I told her I was told that I could bring the payment in when I came. She kept saying but this card is invalid over and over again I was trying to tell her that her employees said I could bring in a payment next time I came in. She gave me no other payment alterative . After our conversation over the phone I never returned to Fitness USA. Shortly after I received a notice saying that I was being sued for 1500. 400$ was taken out of my state income tax , they threaten to garnish my checks. After this I started a payment plan to pay 75$ a month until I was laid off of my job. Now that I look back on it things don�t seem right. I�ve been being harassed since I lost my job to make payments. I told them when my unemployment comes ill start making payments again. It took eight weeks for me to receive unemployed payment and �they �got restless�.

Was that legal or what?


Asked on 9/30/10, 7:32 pm

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

You may have had good defenses to the case, but you clearly got defaulted and did not answer the complaint when you were served. If a year has passed since the judgment was entered, you cannot challenge the underlying case. Just keep fighting with them, pay what you can, and it will be paid off in time. Good luck. Kliszlaw.com. Tim Klisz

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Answered on 10/06/10, 5:02 am


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