Legal Question in Credit and Debt Law in Georgia

I Had a gym membership that i had to cancel last june due to the fact i was moving. I called and sent a letter to have it cancelled. They sent in to a collection agency, which i paid off. And now come to find out that the gym didn't cancel my membership, and sent in to another collection agency for a substantial amount. The first time the collection agency was on my credit report. But this second one is not on my credit report. I was just wandering why that collection wasnt on my report. thank you


Asked on 4/30/12, 12:49 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your post makes no sense. Why would you pay if you properly cancelled and have proof? Before repeating that mistake, see a lawyer.

Collectors may report to credit bureaus, but they don't have to.

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Answered on 4/30/12, 1:29 pm

Just sending in a cancellation letter was not the way to go. You had to read your contract to see if it permitted you to cancel if you relocated more than 10 miles from the facility. If it did, then you had to cancel in the manner specified in your contract. Otherwise just sending a letter may have been a nullity and there would have been no requirement for the gym to cancel your agreement. In such caes, the full amount remaining on the contract would have been owed.

Second, NEVER just pay without first getting any kind of agreement. I have no idea what you paid or if you had an auto-renew clause in your contract. If this kicked in because you failed to cancel correctly, there may well be added sums owed.

I cannot explain why some creditors report and others do not. Its not the collector who reports - its the owner of the debt. If the debt was sold to a junk debt buyer, then they report. If they uin turn sold the debt to another junk debt buyer, they or may not report. I would think its a good thing that they have not r eported.

I hope that this time you will do things correctly, but if you want to handle it yourself, you need to dispute this debt with the second junk debt buyer. Do you have proof (cancelled check, copy of a money order or a settlement letter from the first collection agency/junk debt buyer?) If so, you need to send a copy to the second junk debt buyer and explain that you cancelled your contract and that you already paid off the balance in full and that you are disputing any added amounts. Demand that the collection agency or junk debt buyer provide you with proof that you owe any additional sums.

See what you get. Depending on the answer, you may need to get a lawyer at some point to intercede on your behalf.

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Answered on 4/30/12, 9:50 pm


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