Legal Question in Civil Rights Law in New York

being sued by bally's total fitness

Bally's claim that a contract was made by my husband inwhich he completely denies ever doing. We ask for a copy of the contract that they have on file which they refuse and now we have a court date of 1/11/07. according to bally's there are two account opened one that is paid until 2/07 and the other that we have idea where it came from they are claiming that he owes approximately $1600. When he signed up for the account we do know about one of the employees at bally placed a fake social security number on the account because my husband did not have one at the time. The account that we do not know about happens to have the fake social security number as well. I don't believe that they have a signature on that one because my husband said that he only signed the one that he had in existence since 2004. Bally is claimming that the other account in dispute was in effect in 2002. What are my husband option in fighting this suit?


Asked on 1/04/07, 2:57 pm

3 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: being sued by bally's total fitness

He can demaqnd to see the contract when he goes to court. If he did not sign the contract, and they can't prove he did he will not be responsible.

Should you like to discuss this or any other legal matter you can e-mail me for more information about low cost face-to-face, on-line or a telephone consultation with a lawyer in our office.

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Answered on 1/05/07, 12:27 pm
Jason Stern Law Offices of Jason Stern

Re: being sued by bally's total fitness

You should absolutely fight Ballys and you should file a counterclaim against them for negligence and harassment. If you need representation, please feel free to contact me via email. I have a lot of experience dealing with gyms and their scams.

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Answered on 1/04/07, 4:53 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: being sued by bally's total fitness

It sounds like an indentity theft matter, in which case your husband should file a police report.I can't tell without knowing more.

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Answered on 1/04/07, 11:17 pm


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