Legal Question in Civil Litigation in Texas

Terminating Membership Contract

I am a member of a gym and am not satisfied with the services provided by the gym. My question is if this is something that I can take to small claims court. I am not suing for money, I am suing to terminate the contract. Is this appropriate for Small Claims Court? If so what do I need to put on the form where the dollar amount should go? If not what kind of suit do I need to file?


Asked on 9/23/05, 1:13 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Terminating Membership Contract

First of all, Small Claims is only for money damages not to exceed $5,000.00.

Second, termination or rescission of a contract usually needs far more than mere dissatisfaction. It requires either a material breach, or fraud in the inducement of the making of the contract. It is definitely not the sort of lawsuit you'd want to handle by yourself, unless you're willing to put in some fairly long hours at your county law library.

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Answered on 9/23/05, 1:30 pm


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