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Legal Advice for Gym Membership?

I had a gym membership with Ballys total fitness in which I had signed up for a gym membership that they said?

  • would go on my credit. I stopped going to the gym and wanted to cancel my membership but they refused and gave me sum outrages stipulations to be allowed to cancel. 4 years later I have a collection for $3,568.88 with HSBC that stemmed from that membership. Can I take them to court to remove this collection from my credit. Can anyone offer me any advice. Thanks.

  • Answer:

    This happens a lot with young people and gym memberships...and it usually results in a painful lesson in signing contracts. Even if you stopped going to the gym, you were obligated to pay anyway for the remainder of the term that you signed for. Accurate negative info stays on your credit report for 7 years from the date of default, so about 3 more years in your case. You can't take them to court if this really happened as they are reporting accurate info, albeit an inflated amount, which is what they normally do. - Paying this default won't make a big difference in your credit rating, but if you pay, offer to settle in full for $1,000. How to settle collection account: https://sites.google.com/site/creditdebtadviceonline/how-to-pay-collection-accounts - Contacting debt collectors over this old default may stir up more trouble than it's worth. The statute of limitations might have expired on this debt. If you call them up, they could get really aggressive and start demanding $5,000 with fees and interest.

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If you signed a contract then thats what you owe. Read the contract.

If you have proof of cancellation, you could probably fight it in court. In most states, not sure about yours... you can't be charged for services that were never rendered. In other words, somebody can't charge you for something you haven't received. Basically, that's theft. You'll see a lot of companies that do 12 month contracts but the fact is, if they took out money for all 12 months and you haven't gone all 12 months, they are getting money for services you never used. I have known people who fought that and won. Another thing is a note from your doctor, stating that you can't go to the gym anywhere. I know a few places online that do fake dr notes.

Why do people sign these membership contracts, I'll never understand. These contracts are written to protect the gym. YOU are of no concern of theirs, just your money. If you take them to court, you will lose. They have the upper hand via the contract you signed. The statute of limitations for signed contracts varies from state to state. You need to get advice from a local attorney - contract disputes. You also have to understand that your dispute is not with Bally's anymore, but with HSBC.

No, you need to pay it because you signed a legal loan document when you bought your membership.

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