Legal Question in Credit and Debt Law in Utah

Several years ago my husband went to Gold's Gym and signed a contract for a pass for me and him one day when I went into workout as I checked in the manager of the gym said to me, "it's no big deal but your membership is about to expire, so after you workout come to me and sign another contract", not thinking this was a big deal as I left he caught me again and had the entire contract filled out for me and told me to sign it, I did. (the first contract was signed only by my husband and the money came out of a bank account that was only his, my name was not on the account at all) the gym was taking monthly automatic withdrawls, my husband, not thinking about the gym changed banks, in the mean time the gym tried several times to take out it's monthly money and couldn't and my husband got stuck with the bank charges, (I also have proof from bank statements where there are 1 or 2 months that the gym took double payments) also after I signed the new contract I did not go to the gym even once. Now after all of this the gym sent me to collections, golds gym said I owed a total of 600.00 and when I got the collection notice it says I owed 1080.99 that was the first notice in february of 2009, now I just recieved the second notice and it is November 2010 and the balance is over 1700.00 and it says legal action pending.

At this point my husband does not believe he owes any of this on the grounds that this was his account not mine and he never signed the second contract, and I didn't fill out the second contract either the manager at the gym did, I don't know what I am obligated to pay and I don't know if my husband is obligated to do anything or pay anything, please please just tell me what I should do I am very stressed about this because it is a fairly large amount of money and it is supposedly at an attorneys office, also I don't feel like I can call the office because last time I talked to anyone there a guy told me the address of the account belonged to someone that lived in Benjamin and when I told the guy I have never lived in Benjamin he screamed at me and told me I was a liar, so now I am terrified to contact anyone at this office.

thank you so much for your time

sincerely BB


Asked on 11/16/10, 4:56 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

You will have to settle with the collector, or be prepared to court to court. If you go to court you can explain to the judge that the collector screamed at you - which is a violation of the Fair Debt Collection Practices Act (and you can sue them for that violation, which gets you $1500 as damages)

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Answered on 11/29/10, 8:02 pm


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