Legal Question in Consumer Law in Utah
Gym Membership Contract
I signed up for a one year membership with my ex-husband in july 2003. In february of 2004 we separated and he ''took over payments''. I went to the gym and was told that my membership was suspended due to non payment. I contacted my ex who said that he would take care of it. He never did and I could never use my membership.(4 months remaining on the contract)
I was contacted in nov 2005 by a collection agency who stated that I owed over 800 to the gym for unpaid monthly dues. I could not understand this (contested the debt) and contacted the gym for a copy of the contract, which I never received.
I was again contacted in february, and was told the same thing. I contacted the gym who said that the contract was marked as auto renew and I owed the remaining monthly fees plue the months that accrued on a month to month basis. The Rep then told me that the amounts had been miscalculated and that it should have been 530.09, I still did not understand this since the contract was terminated for default prior to the renewal period. They are now sueing me for $730.09 in fees and $300 + for attornies fees. Can they do this for services that could not be rendered?
1 Answer from Attorneys
Re: Gym Membership Contract
Go to court when you are sued and tell the judge your story.
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