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#1939962 09/14/07 01:00 PM
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Guy on recovery forum - rocksolid. The OM in his sit is a gym owner/trainer. The gym OM is billing family for the rest of the contract and trying to collect. Sheesh.

Any suggestions?

Larry

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I'm not Mr. W...obviously. <img src="/ubbt/images/graemlins/wink.gif" alt="" />

I'd be looking at some way to countersue. Seems to me that the OM has a lot more to lose...lost reputation can mean lost business...


"Your actions are so loud that I can't hear a word you're saying!"

BW M 44 yrs to still-foggy but now-faithful WH. What/how I post=my biz. Report any perceived violations to the Mods.
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Simply don't pay.

Then they will likely refer it to a aggressive collection company.

If so...they will call incessantly.

To stop calls...simply get the company name, reference number and a fax number. Then have your attorney simply write a letter indicating you are represented by counsel and if they want to collect they will need to deal exclusively with him. After that...they can no longer call your home. They MUST deal with the attorney.

Someday..it may end up on your credit report. Simply dispute it with the credit reporting agencies so anyone can simply review why you didn't pay it.

If they sue you. Go to court, likely on your own (without an attorney) and tell the judge what OM did and prove it with what you can. The judge will likely dismiss the claim. I doubt very much they will sue. They'd rather just try to make you miserable by calling all the time and dinging your credit report.

Gotta run.

Mr. Wondering


FBH(me)-51 FWW-49 (MrsWondering)
DD19 DS 22 Dday-2005-Recovered

"agree to disagree" = Used when one wants to reject the objective reality of the situation and hopefully replace it with their own.
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Quote
I'm not Mr. W...obviously. <img src="/ubbt/images/graemlins/wink.gif" alt="" />

I'd be looking at some way to countersue. Seems to me that the OM has a lot more to lose...lost reputation can mean lost business...
This owner/trainer at this gym had an affair with another member before he got involved with my wife. He uses his gym to prey on vulnerable women. He started this affair by showing pictures of himself to her on his computer.
I could go on and on about what a POS this guy is. I contacted him once and he threatened me with a PPO and told me that he could sue me for slander.
He is now sending me a bill for supposed "late fees".
To me, his contract was negated the minute he got involved innappropriately with my wife.
I'm not paying a dime.

Last edited by RockSolid; 09/15/07 10:24 PM.

Married 23 yrs
WW-46
Me- 47
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DD11
Dday #1 - Oct. 8 2006
Too many other D-Days to remember
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I say pay him....then use the gym....oops, slip and fall on wet floor...or hurt using improperly maintained equipment.

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There are no debtor prisons anymore so if you don't want to pay him you don't have to.

He will turn it over to a collection agency that will likely never sue you. They may call alot but like I said above just refer it to any attorney, send in a letter and the calls MUST stop (take careful notes if they don't as that is the violation of the fair debt collection act and give you rights to stipulated (set) damages).

IF, by chance, he or his collection agency sues you. Then hire and attorney and insist on discovery. Let OM know you will be forcing him to take a videotape deposition. Unless he's an idiot he won't desire to be deposed by you. Especially, on videotape.

IF, he's an idiot and you deposed him on camera. Then you can post the deposition on youtube and maybe take out an add in the local rag asking people NOT to patronize GirlyBoy gym and provide a link to the youtube video.

Again...I doubt very much you will ever get sued.

MDEC's slip and fall scheme is a good one...but you'd be stuck dealing with the guy for quite some time as a result. Best to just move on and don't pay. Trust OM will get his due in good time.

Mr. Wondering


FBH(me)-51 FWW-49 (MrsWondering)
DD19 DS 22 Dday-2005-Recovered

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Thanks for the advice MrW!


Married 23 yrs
WW-46
Me- 47
DD18
DD11
Dday #1 - Oct. 8 2006
Too many other D-Days to remember

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