Legal Question in Credit and Debt Law in New York

Need help with small-claims for another state.

I am attempting to collect my $500 to $600 back from my health club membership with Crunch Fitness. My wife and signed up around Feb of 2002 and then 2 weeks later had to move futher than 50 miles away from the club. we we invormed that we would be reimbursed the remander (sorry can't spell) of our acct. After months of fighting, faxing appropriate documents proving our move, etc...I find out that they refuse to reimburse any acct that was not for at least one year of membership (ours was six months). However this was not on the contract I signed or explained to me at any time, I wouldn't have agreed if I had known. We live in Georgia (as was the club we siged with) but Crunch's HQ is in New York and our the one's responiable for my refund.

My question is this: Can i file a small claims here in GA or do I have to go to NY for this? Do I have any chance of actually getting my money back or am i just SOL? What is my timeframe before it's too late?

Thanks for any help...it is appreciated.


Asked on 8/09/02, 6:07 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Need help with small-claims for another state.

The Small Claims action must be started in NY in the county of the office of the club. A breach of contract action must be brought within 6 years of breach. You can also contact the Department of Consumer Affairs & file a complaint.

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Answered on 8/09/02, 11:31 pm
Jay Edelson KamberEdelson

Re: Need help with small-claims for another state.

If you entered into the health club contract in Georgia, you likely have the option of filing suit in either Georgia or New York. I would suggest calling a legal aid organization for more specific advice.

I would also be more than happy to evaluate your case more fully for you -- free of charge. There's a good chance that Crunch is violating Georgia laws regulating health club contracts. If so, it might be better (and less expensive) for you to be part of a class action, rather than trying to bring the case yourself.

I'd be more than happy to discuss this further with you if you would like to do so. My phone number is 312-913-9400 and my e-mail address is [email protected].

Good luck to you.

Jay Edelson, Esq.

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Answered on 8/19/02, 3:23 pm


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