in debt with Bally's

Hi Guest

Welcome to forums

In the very beginning let me tell you that since your mother signed she is liable for the debt.

As per the Law of Contract -

i. A minor cannot enter into a contract. Since your mother signed the papers only she will be liable for the debts.

ii. As your mother signed the contract in good faith it will be held that she has seen or is acquainted with all the conditions before signing the contract and that she agrees to abide by all the conditions.

You have one protection in your hand but it is a weak one. You may argue that you are misinformed about the rules and regulation of the fitness center by the sales person. You have to prove it in the court which is a difficult task.

So I would suggest getting in touch with an attorney before it is too late. Because once your creditor gets the judgement in their favor you will face much more difficulty than what you are facing now.
All the best

Regards
Peter

Hi Guest,

Quote:

Bally's is a credit predator.
I had the same issue with Bally's. After being told by the sales person that I could quit at anytime after my trial period was up, they wanted proof of all sorts of things. They charged my account for their rediculous membership fees and after I closed my bank account, it was sent to collections. With no luck talking to the collectors I just gave up on it. There was a judgement out against Bally's and their sales entrapment techniques a few years ago. I would contact your state attn. and find out if you fall into that catagory with regards to Bally's. I do not step foot in Bally's nor do I ever give them a good word. My advice to you is to not do business with anything affiliated with Bally's. They SUCK the life out of you and your bank account.
[quote=peter]Hi Guest

Welcome to forums

In the very beginning let me tell you that since your mother signed she is liable for the debt.

As per the Law of Contract -

i. A minor cannot enter into a contract. Since your mother signed the papers only she will be liable for the debts.

ii. As your mother signed the contract in good faith it will be held that she has seen or is acquainted with all the conditions before signing the contract and that she agrees to abide by all the conditions.

You have one protection in your hand but it is a weak one. You may argue that you are misinformed about the rules and regulation of the fitness center by the sales person. You have to prove it in the court which is a difficult task.

So I would suggest getting in touch with an attorney before it is too late. Because once your creditor gets the judgement in their favor you will face much more difficulty than what you are facing now.
All the best

Regards
Peter[/quote]

[quote=worried & scared]There is currently a situation that is causing my mother to be very worried, anxious, and stressed. Around January 2000, my mother, younger brother, and I joined a fitness center called Jack Lalanne (currently known as Bally's). My mother specifically asked if it is okay if we only want to join for a few months. The sales person's reply was that after we joined, we can quit anytime we like. My mother's english is very poor and at the time, my brother and I were very young, so my mother signed for us to join as well. We used their facilities for a few months as planned. About one and a half year later, my mother decided to cancel our memberships because we did not exercise there at all anymore. After many tries, it was then that she found out she had unknowingly signed a 3 year contract. She felt cheated so she did not pay the remaining balance, which was approximately $1000.

In the past few years, we have continually received letters from debt collection agencies. Overtime, the debt amount has increased, it is now $2418. Now she finally want to negotiate and solve this, once and for all, but is afraid of failure. We would like to ask the following questions:

1. Are they very easily able to put a lien on our house? How can we find out if they have put a lien on our house?
2. If they have successfully placed a lien on our house, is there no limit to how long the lien can be (even 20, 30, or even 40 years)? Will they be able to put a lien on our house until we agree to pay?
3. Are they allowed to increase the debt amount?
4. Can they ruin her credit without her knowing about it?

We just received a letter from their lawyer (as assignee) stating that a judgment has been entered against us and if we do not make arrangements for payment right away, they may issue an execution to a sheriff or Marshal and direct that he levy against and seize our property and possession not exempt. Do you know if there is anything that can help us? What is our best course of action right now? Please help.

- worried & scared[/quote]

Hi Worreied and scared,

Bally's is a credit Predator. But dont let them intimidate you. You are actually in the driver's seat. Bally's is well noted for their deceptive practices. You are best off by entering a debt elimination Program and setteling the Debt. But do not offer more than 22.5% on the dollar. First and foremost, do not enter into a contract that is not fully understood. Most contracts can be found in a Spanish or French version also.

Regards,
Mark H.

Hi jrick001 and worried & scared

Welcome to the forums.

Quote: