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summons in the mail, im being sued ( ballys )

Date: Fri, 12/14/2007 - 21:24

Submitted by speedeng666
on Fri, 12/14/2007 - 21:24

Posts: 9 Credits: [Donate]

Total Replies: 11


omg :cry: im freaking out, almost about to cry

these ppl called me a month ago Kirschenbum & phillips, p.c. asking me about my old ballys account.

I thought it was some kind of scam or they are just bottom feeding, they keeped asking me to pay them over the phone (I would never give out my credit card over the phone)
I get this court summons today, (sued for a sum of $1030)

(now to the story)
I tried to cancel ballys back in 2005 I was told that I can cancel within 45 days. I mailed a letter to ballys, they denied me..

so I went back to the gym (this was around 25 days out of 45) to talk to the guy who signed me up and was told "he will look into it". a few days later I go back and he told me "you signed the contract there's nothing he can do"

now I did mess up and cancel my creditcard that ballys was being pulled out from a few months later.

now it back to bite me in the butt

what can I do? I dont have the money for it to pay it all off at once. (I have to pay for bill's and rent)
please help or advise please :cry:


Thank you Law student for the reply

offer some settlement?
how do I exactly say this, do I tell this to the judge?
and how do I pay them (meaning with a check , cash creditcard, ect?) I only have about $300 saved :(

im really sorry for all of the questions
(I should be sleeping I have a exam tomorrow at 8am)
but this is really scaring me half to death!!


lrhall41

Submitted by speedeng666 on Fri, 12/14/2007 - 21:51

( Posts: 9 | Credits: )


Always read the contract. When I was with Bally's I was given 30 days to cancel. My account had to be current and I had to mail my id cards in along with a 50 dollar cancelation fee.

Answer your summons then call them up for a settlement offer. Make sure that you get a settlement offer in writting before you give them any money.


lrhall41

Submitted by FYI on Sat, 12/15/2007 - 04:56

( Posts: 1950 | Credits: )


Before you do anything send them a Validation Letter to make sure that they are legally entitled to collect this debt and that you actually owe the debt. You can find sample letters on this site.

If they cannot prove they do then don't do anything. Write them and say that "once they provide proof of debt you will consider settlement."

Until they validate the debt they cannot do anything to collect.


lrhall41

Submitted by on Sun, 12/16/2007 - 19:14

( Posts: | Credits: )


Actualy since they have already filed they can collect through the legal system. Had they files after you sent a validation then that would be a different story. A validation letter isn't a bad idea but don't mistake that they can't do anyhting now if you send it when they can.


lrhall41

Submitted by FYI on Sun, 12/16/2007 - 20:10

( Posts: 1950 | Credits: )


Bally is going to be aggressive as a lion on this one, do the research, because they restructured under bankruptcy in August. They are cash strapped and will collect with any which way they can. But, here's the good news, Bally loves to settle any and everything, give their Plaintiff's Counsel a call, I'm sure you can work out an amicable settlement at a reasonable payment plan.


lrhall41

Submitted by on Mon, 12/17/2007 - 03:32

( Posts: | Credits: )


thank you everyone for their .02

Quote:
Answer your summons then call them up for a settlement offer. Make sure that you get a settlement offer in writting before you give them any money.


so go to the summons and then call ballys or the ppl suing me?

Thank you everyone!!!
you dont know how much better I feel (since you guys/gals know more on what to do I would just be lost!!)


lrhall41

Submitted by speedeng666 on Tue, 12/18/2007 - 04:50

( Posts: 9 | Credits: )