Legal Question in Consumer Law in Pennsylvania

Late charge mania

I was a member of a health club for 2000-2001.The contract,which of course I didn't read fully,stated that if I were to move there had to be a notice in writing submitted, otherwise I would continue to be a member indefinately.Upon leaving the state in 2001, there remained a $80 balance on my bill.I said my goodbyes,and contacted the gym about a month later to ask for extended time to pay the balance.The woman I spoke with (who left the business in 2002) was a co-owner and assured me that everything was fine and she would accept payment after I got settled.Well I never really did,and I can't remember if she told me she would send a bill.Needless to say I have not paid the bill.My question starts here:The gym has continued my membership, under the agreement, since 2001 and has been heaping late fees onto the account.The bills were sent to the old address at which I haven't lived for 4 years.I understand I need to pay the original balance,but a collection agency wants all the accrued late fees.If I assumed the membership was expired, then what late fees? I should have been tracked down years ago for the $80,right?


Asked on 4/27/05, 5:55 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Late charge mania

Statute of limitations for contract actions in Pa is four years from the breech that gives rise to a claim. If the payment you missed is more than four years old the staute of limitations has expired and therefore the debt is not legally enforceable. I recommend having an attorney contact the collection company to dispute the debt and assert your statute of limitations defense. This should discourage a court action to collect any fees. I offer free consultations.

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Answered on 4/27/05, 6:50 pm


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