Jeeplady66
Member
What is the name of your state?What is the name of your state? MN
I am being sued for an old gym membership I barely used, then moved to a different city where they did not have a franchise.
I asked for validation and the CA sent me a copy of the original membership agreement and a gym statement with an address from 2 moves ago dated 5/21/04.
The amount of the summons is for 441.45 + 45.21 (interest at 6%) plus 55.00 filing fee--total of 541.66! The original amount of the membership was 296.44 - $80 pymt in 12/02 leaving a bal of 216.44. A statement from the Gym adds 225.00 in "late fees" at $15.00 per month.
This is a handwritten membership agreement, no where does it mention anything about late fees or interest, it just notes 3 installments 72.15 and dates.
In MN aren't installment contracts subject to Reg Z disclosures, that must specify interest rates and late fees? Can I use that as a defense in small claims court? I realize I may be on the hook for 216.44, but no way should I have to pay the 541.66 for a gym I used about 5 times!
Thanks
I am being sued for an old gym membership I barely used, then moved to a different city where they did not have a franchise.
I asked for validation and the CA sent me a copy of the original membership agreement and a gym statement with an address from 2 moves ago dated 5/21/04.
The amount of the summons is for 441.45 + 45.21 (interest at 6%) plus 55.00 filing fee--total of 541.66! The original amount of the membership was 296.44 - $80 pymt in 12/02 leaving a bal of 216.44. A statement from the Gym adds 225.00 in "late fees" at $15.00 per month.
This is a handwritten membership agreement, no where does it mention anything about late fees or interest, it just notes 3 installments 72.15 and dates.
In MN aren't installment contracts subject to Reg Z disclosures, that must specify interest rates and late fees? Can I use that as a defense in small claims court? I realize I may be on the hook for 216.44, but no way should I have to pay the 541.66 for a gym I used about 5 times!
Thanks