Legal Question in Credit and Debt Law in New York

I misread an offer at a local gym. Instead of signing up for a short trial, I signed up for a monthly membership. The owner didn't contact me about missed monthly dues until several month had passed and is now referring the matter to a collection agency. had he contacted me I would've cleared up the matter immediately. Did he have any obligation to contact me before letting fees accrue and referring the matter to a collection agency? If so, is this a basis to contest the bulk of the fees?

Asked on 12/25/12, 8:10 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Mutual mistake is a valid ground to rescind a contract; your success will depend whether the judge believes you. if you accidentally signed up for a monthly membership, however, the gym would not have any obligation to contact you, unless the agreement requires it. I would suggest that you offer several months of fees to try to settle it.

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Answered on 1/08/13, 1:01 pm


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