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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Gym membership that is month to month. The gym filed for Chapter

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Gym membership that is month to month. The gym filed for Chapter 11 protection and a new ownership group took over. I cancelled my credit card and stopped going to the gym. The new gym ownership is now trying to collect a "debt" owed by me since i cancelled my CC and stopped using the facility. I have received two letters from financial service company working for the new owners of the gym. #1. Do I have to pay this debt? #2. Is it worth fighting them in small claims court? #3. Do they have legal ground to try to get money from me?

Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you had a month to month contract with the gym and you did not cancel the contract in accordance with the terms of the membership contract you had, then they could make you liable for the debt for the time you did not properly cancel the contract by giving notice. Legally if you failed to abide by the cancelation terms in the contract they have grounds to pursue you and collect and win a judgment. As far as them pursuing in small claims, it depends on the amount of the debt due, but if they are in Chapter 11, they are more likely to pursue it than not because they must make all reasonable efforts to recover all debts to the company.

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