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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  JD, MBA
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I had self subpenaed a person who was a friend yet not close

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I had self subpenaed a person who was a friend yet not close friend, she worked at a spa within a health-club. She had cut my hair and we had text, gifts were given, spoke on the phone and information was given to me about a case. I met her at this club, always seen and spoke to her at the club. I handed her a subpena and she freaked, balled up ready to cry. She didn't take the subpena and walked away. I did not follow her, was going to talk to her later.

The next day I receive a call and they say my membership is terminated for intimidation.

I said who isn't intimidated with any legal action. I explained yet to no avail.

I believe I should file for "false report" and sue for damages and my membership back!

This is a club that everyone knows me. I want back in and clear my name.
Submitted: 4 years ago.
Category: Legal
Expert:  TJ, Esq. replied 4 years ago.
Hello and thank you for allowing me the opportunity to assist you.

Before taking any action, you should review your membership agreement to see if there are any provisions that govern when your membership may be revoked so you can see if the club actually had the right to do what it did. If it did have that right, then you may be out of luck. On the other hand, if the club did not have the right, then you may be able to sue for breach of contract. The problem, of course, is that your damages would likely be quite low, though you may be able to force them to give you the membership back.

If you review the agreement and decide to sue, I would first send them a letter explaining the situation, and also refer them to the membership agreement which supports your contention that they did not have the right to revoke your membership. Last, I'd state that if the membership is not given back, then a lawsuit will be filed. That letter may resolve the issue without the need for a lawsuit.

I hope that helps. Please remember to click "accept."
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