by Nikky

Can a collection agency sue me for a gym contract I did not sign?

Comments for Contracts

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Dec 16, 2010
Gym Contract
by: Mary

On the face of it I would say no. Typically a gym contract would only be legally binding if you signed it. In other words, you would not be a member of the gym if you never signed a contract with the gym and so you'd not be obligated to make the required payments that come with a gym membership.

However, is there more to this situation than you have shared in your question? For example, did you sign a contract with this gym in the past and did you agree to a process that allowed you to renew your membership for the same terms without signing a new contract? If you did and you agreed to renew your membership for another year, then you are legally obligated to pay the membership fee even if you did not sign a new contract. Or, did your initial contract with the gym include a clause that said your membership would automatically renew for another year unless you cancelled the membership in writing? If it did and you never cancelled your membership, then you are legally obligated to pay the membership fee and if you didn't pay that money, the gym is within its rights if it turns your account over to a debt collector.

If there is more to your story than you have shared in your question, please write again and give me the additional details. If you have never been a member of the gym and so there is no reason why a debt collector should be contacting you about an unpaid membership, contact the debt collector in writing and ask for written proof that you owe money to the gym or meet right away with a consumer law attorney who helps consumers resolve their problems with debt collectors.

Find out how to get free legal advice about debt collection here.

Best of luck.

Dec 16, 2010
More Info
by: Nikky

To answer your question what happened is my spouse signed without me knowing about it and its his signature on the contract. Would this still hold me responsible for something I didn't sign and they have already sued me in Civil Court and if I contested this it would cost me more.

Sep 25, 2011

You are in a tough spot! What your husband did by signing your name to the contract is probably identity theft, which is a crime. Although I am not an attorney, to get yourself out of your legal situation, you will probably have to go after your spouse for identity theft and you may not be willing to do that. If you are not, then I am afraid that the lawsuit against you will move forward and it's likely that you will be held responsible for paying the amount of the court judgment. Also, the judgment will damage your credit history for years to come.

You may want to schedule an appointment with a consumer law attorney to get some advice about your situation. If you don't feel comfortable telling the attorney that your husband signed your name to the contract, you can tell the lawyer that someone you know signed it without your knowledge and then once you have a complete understanding of how fact that might affect your defense in the lawsuit against you and what is likely to happen if the person who stole your identity were prosecuted, you can decide whether you want to let the attorney know exactly who stole your identity.

Good luck.

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