Legal Question in Credit and Debt Law in Texas

Debt Collection - Ladies Workout Express

I signed a contract 3 years ago with a gym. The contract said I could cancel if I left the area. I moved overseas, and tried to cancel. It was difficult to get address, etc, and I did not deal with it properly because I became frustrated. 3 years later, I'm back and got a call from a collections agency. The following is the proposal they sent to ''settle.'' Obviously, I do not want gym membership to continue, but other than that, is this legally sound? What else should I ask for? Letterhead looks bogus and it is not even signed with a full name (first and last). I want this to just go away without being on my credit, do I pay? (Firm is in FL, but I live in TX).

This letter is to notify you that we are going to except a payment for your balance with Lady of America & NFFS. This payment will be for a total of $1,000.00

First payment due DEC. 17,2007 for 500.00

Second payment due JAN. 10, 2007 for $500.00

1) This account will not be reported to the CREDIT BUREAU

2) Legal actions will cease immediately.

3) This agreement will be effective as soon as we receive your payment

4) This agreement is for TWO payments.

5) Member will have full access to the gym.


Asked on 12/15/07, 2:55 am

3 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: Debt Collection - Ladies Workout Express

if your contract states you could cancel when you move out of the area, offer them a release from damages for violating DTPA...deceptive trade...as you owe them noting..

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Answered on 12/15/07, 4:16 am
Donald McLeaish McLeaish&Associates;, P.C.

Re: Debt Collection - Ladies Workout Express

if your contract states you could cancel when you move out of the area, offer them a release from damages for violating DTPA...deceptive trade...as you owe them noting..

Read more
Answered on 12/15/07, 4:16 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Debt Collection - Ladies Workout Express

You would need to review the specific language. IF the language stated that you could cancel the contract for leaving the area, then you might have a cause of action against the gym and/or the collection agency for violating the Deceptive Trade Practice Act (DTPA). You might want to have a local law firm review the original contract and validate the potential for such a cause of action. If my law firm can assist you with this legal matter or any other legal issue, please contact my legal assistant Jennifer ([email protected]).

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Answered on 12/17/07, 7:03 pm


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