Legal Question in Credit and Debt Law in New Jersey
Legal question
I have a 3 year gym contract with 2 other members under my name. The membership still has 2 years left and the other 2 members refuse to pay their portion. The bill continues to get higher month after month. If I'm able to get the total price of what the bill would be at the end of the 3rd year of the contract can I take them to court now instead of waiting 2 more years until the contract is up?
1 Answer from Attorneys
Re: Legal question
It depends on how the judge views it and how you set it up. You might get a judgment for only part and have to sue for the rest later. Some judges may apply what is called "anticipatory breach" and award the balance. To give that your best chance of success, write to them and demand that they bring their portions up to date. Also ask that they give you written assurances that they will remain current. If you do that, you will lay the groundwork for a claim of anticipatory breach of contract and give the judge a reason to award you the whole amount.
See also: http://info.corbettlaw.net/lawguru.htm
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