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Pre-trial on Wednesday


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I received a summons last month for a gym membership. The amount is approximately $1,350. On the papers I was given, it states that they were attaching the contract I had signed, though there was no contract attached. I panicked and ended up paying a paralegal $60 to write a response for me, as I can't afford a lawyer and she offered to write the letter for $60. In the answer she prepared for me, it states that I neither confirm nor deny the allegations as the plaintiff failed to attach the copy of the contract. Now my pretrial is Wednesday and I have no idea what to say/do. I can't afford to pay it, but I really don't want a judgment. Can someone please offer me some advice? I've never gone through this before. Thank you very much.

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Pre-trial will not likely involve winning or losing a case unless you dont show up to it. In my case, it was just to appear and say that you admit/deny the allegations that are being brought against you. Be careful though, the lawyer will most likely pull you aside before that time that you are called up and try to get you to settle. If they have no proof of the account then dont fall for this trickery. I sat in court and watched (out of probably 30 cases) at least 15 didnt show and got a default against them, and another 5 or 6 fall for this "settlement" option.. Is the gym the plaintiff listed or is it a collection agency?

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Is this account something that could be yours?

If it definitely isn't, righteous indignation is a good way to go. The fact that they did not present a contract, especially if you don't honestly believe this is yours, could be severely damaging to them. If this is the route you are going, deny, deny, deny.

If it could be yours, just take the middle of the road with the neither confirm or deny. Everything you should need is on this site, it is just a matter of using it correctly and not getting scared. These people count on you being too scared to be smart.

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I received a summons last month for a gym membership. The amount is approximately $1,350. On the papers I was given, it states that they were attaching the contract I had signed, though there was no contract attached. I panicked and ended up paying a paralegal $60 to write a response for me, as I can't afford a lawyer and she offered to write the letter for $60. In the answer she prepared for me, it states that I neither confirm nor deny the allegations as the plaintiff failed to attach the copy of the contract. Now my pretrial is Wednesday and I have no idea what to say/do. I can't afford to pay it, but I really don't want a judgment. Can someone please offer me some advice? I've never gone through this before. Thank you very much.

I would just state, that you neither comfrim or deny, say , your honor, XX hasnt shown me any proof that contract even exist..therefore i ask for dismissal.

go to the court and Look at what has been filed, they could have filed it with the court, if the atty trys to "settle" just say, "show me the contract"

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I would just state, that you neither comfrim or deny, say , your honor, XX hasnt shown me any proof that contract even exist..therefore i ask for dismissal.

go to the court and Look at what has been filed, they could have filed it with the court, if the atty trys to "settle" just say, "show me the contract"

Good advice. Also, if what they present is not authenticated (meaning there isn't an affidavit from the OC is a true copy of the original).

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Thanks for the advice everyone. The debt is mine, unfortunately. :( I can go to the court and see what they have filed? I will definitely go down and check that out today. It is a collection agency that is listed. I have heard that that gives me a higher chance of winning?

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So upon viewing my summons and complaint for the millionth time, I see: Plaintiff National Credit Corporation financed the purchase of said contract for defendant. A copy of plaintiff's contract with defendant is attached hereto as Exhibit "A".

So I thought it was just a collection agency, but apparently I was wrong?

Am I in trouble here?

:(

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So upon viewing my summons and complaint for the millionth time, I see: Plaintiff National Credit Corporation financed the purchase of said contract for defendant. A copy of plaintiff's contract with defendant is attached hereto as Exhibit "A".

So I thought it was just a collection agency, but apparently I was wrong?

Am I in trouble here?

not necessarily...national credit company may still be a CA and not the OC..if they said that they have an original contract but didnt put it in the complaint and summons, that means that they probably dont have it.

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The plaintiff is unfortunately the OC. The lawyer gave me a faxed copy of the first page of the contract that I originally entered into. All he offered was that I either have a judgment placed and they will allow me to make payments, or I have to pay the balance to avoid a judgment. The judge gave us until July 8th for discovery and resolution. At that time, he said we will have another pretrial if necessary. However, I'm moving out of state next month (hubby is in the military) so I really need this resolved asap. What are my options? Thank you so much for all the advice everyone!

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Don't forget to check with your current state court house and ask them if they will allow you to appear over the phone. Its in your best interest not to be in a hurry as you can become obligated to them for more than the debt is owed.

Some courts allow parties to dispute their cases over the phone or you can find out if someone else can appear on your behalf as a non attorney check with your current state court house and see if you can contact legal aide society or some free referral agency naca.com also does attorney referrals

good luck

(disclaimer: No I'm not an attorney I just look like one but my opinion is not legal advice and its freeeeeeeeeeeeeeeeeeeeee )

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does the first page of the contract that the lawyer showed you have your signature or other identification on it or is it just a general contract that the gym uses? It is pretty common for the person suing you to get a general contract from the OC trying to get you to settle. If there is nothing identifying you one the contract that they showed you then that is hearsay and should be able to get thrown out...

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does the first page of the contract that the lawyer showed you have your signature or other identification on it or is it just a general contract that the gym uses? It is pretty common for the person suing you to get a general contract from the OC trying to get you to settle. If there is nothing identifying you one the contract that they showed you then that is hearsay and should be able to get thrown out...

It is a copy of the original contract with my handwriting with my name, address at the time, employer at the time, and references. As well as my signature. :(

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The plaintiff is unfortunately the OC. The lawyer gave me a faxed copy of the first page of the contract that I originally entered into. All he offered was that I either have a judgment placed and they will allow me to make payments, or I have to pay the balance to avoid a judgment. The judge gave us until July 8th for discovery and resolution. At that time, he said we will have another pretrial if necessary. However, I'm moving out of state next month (hubby is in the military) so I really need this resolved asap. What are my options? Thank you so much for all the advice everyone!

your hubbys in the military, go to the JAG office, and ask for help, fortunatly you have some legal aid being a dependant, since if they get a judgement against you they will prob go after His pay.and the Military has some special protections

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your hubbys in the military, go to the JAG office, and ask for help, fortunatly you have some legal aid being a dependant, since if they get a judgement against you they will prob go after His pay.and the Military has some special protections

I was told that if we did that he would face discipline for not being able to control his finance? I was considering it, but that scared me away..

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If you decide to settle, be SURE to get the agreement in writing before you pay anything!!! I had a firm do this to me, arranged payments on their word to dismiss suit. A year later I checked my credit report and there was a default against me because I was told that I didnt have to show up to the court date..<dumb, I know...but that was b4 I found this website...lol:roll:>

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If you decide to settle, be SURE to get the agreement in writing before you pay anything!!! I had a firm do this to me, arranged payments on their word to dismiss suit. A year later I checked my credit report and there was a default against me because I was told that I didnt have to show up to the court date..<dumb, I know...but that was b4 I found this website...lol:roll:>

Damn. That sucks! Thanks for the heads up. I will absolutely be sure to get anything/everything in writing!

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I was told that if we did that he would face discipline for not being able to control his finance? I was considering it, but that scared me away..

i dont know who told you that.. but being miltary has some good defences,

they will go after him anyways, assuming you will not be working yet, also check if its a community property state, look close , at the contract, should be something about military, that if they are "deployed. transfered ect, you CAN get out of a contract( quite common for rentals),or that if you move X miles from thier nearest gym you can get out of it , sometimes you have to pay a fee.did you actually USE the gym? how many times? whats the per use fee? they may be willing to accept a x amount for x uses,, call the Jag office today! best to let them know way ahead of time whats up. so they can protect you both

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i dont know who told you that.. but being miltary has some good defences,

they will go after him anyways, assuming you will not be working yet, also check if its a community property state, look close , at the contract, should be something about military, that if they are "deployed. transfered ect, you CAN get out of a contract( quite common for rentals),or that if you move X miles from thier nearest gym you can get out of it , sometimes you have to pay a fee.did you actually USE the gym? how many times? whats the per use fee? they may be willing to accept a x amount for x uses,, call the Jag office today! best to let them know way ahead of time whats up. so they can protect you both

Actually it was my husbands recruiter who told us that...hubby just joined Air Force in November and the recruiter has been keeping in close contact with us since. Once I first got the summons, I checked with the recruiter to see if there was anything the military could do to help us, and that was what he said. He said take care of it as quickly as possible w/o letting the military hear about it so that he doesn't get in trouble. It's nice to hear that's not the case. The membership was actually a gift for my husband, but I think he only used it maybe twice. I'm going to try to figure out how to get in contact w/Jag, for sure. Thank you

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Damn. That sucks! Thanks for the heads up. I will absolutely be sure to get anything/everything in writing!

Luckily, the firm didnt object to my motion to vacate.... so its off my reports..just never "believe" what the plaintiff says without proof...lol

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Actually it was my husbands recruiter who told us that...hubby just joined Air Force in November and the recruiter has been keeping in close contact with us since. Once I first got the summons, I checked with the recruiter to see if there was anything the military could do to help us, and that was what he said. He said take care of it as quickly as possible w/o letting the military hear about it so that he doesn't get in trouble. It's nice to hear that's not the case. The membership was actually a gift for my husband, but I think he only used it maybe twice. I'm going to try to figure out how to get in contact w/Jag, for sure. Thank you

( grin) recruiters will say almost anything..

was your husband listed anywhere on the contract? if so , you will have a even stronger defence, ohh and if both of you are listed in the suit, they Must have a " service members civil relief act statement",

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( grin) recruiters will say almost anything..

was your husband listed anywhere on the contract? if so , you will have a even stronger defence, ohh and if both of you are listed in the suit, they Must have a " service members civil relief act statement",

I know, I know..I was just hoping this one was different. lol We've gotten along pretty well and he's done a lot for us, so I just though.... eh. My bad. lol

The only place my husband is listed on the contract is where it states who the membership is for. Does that count?

Thanks for the link! I'm gonna check it out right now.

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