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  1. #1
    Join Date
    Apr 2008
    Posts
    2

    Angry Should I File A Suit Against A Collection Agency?

    Hi,

    Three years ago I signed up for KungFu lessons(5 months contract of $850).
    2 months into my training I started having some chest pain and physical difficulties. I decided to have a physical check done and discovered that I have heart murmur(FYI the KungFu place didn't require any physical check at class registration). I called up the KungFu master (also the owner) and told him that I can't continue with my training due to my heart situation. The guy insisted that I signed a contract and I owe him $650, but I told him that I won't be attending the class anymore and I have to quit. 1 month later I received a letter from the collection agency asking for $650. I refused to pay and went on with my life. Now 2 years later I did a credit check on my self and found out that my credit score was very low(Poor). I investigated more into my recored and found out that the collection agency reported me to Trans union this month.

    What is the best step to take? Should sue the KungFu master or try to talk it out with him (which I'm sure will result with nothing, but a fight or a big argument)? Please I need your help ASAP!

    Thanks in advance.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Should I File A Suit Against A Collection Agency?

    What state, please? Contract law varies.

    Off the cuff, I'd be inclined to say you're on the hook. Even if your dojo does not require a physical, it most likely required you to sign a waiver of some sort that releases the dojo from liability and binds you to your contract.

    I have to sign a new one every year for bellydancing, and that's way less stressful than Kung-fu!

  3. #3
    Join Date
    Apr 2008
    Posts
    2

    Default Re: Should I File A Suit Against A Collection Agency?

    Quote Quoting LawResearcherMissy
    View Post
    What state, please? Contract law varies.

    Off the cuff, I'd be inclined to say you're on the hook. Even if your dojo does not require a physical, it most likely required you to sign a waiver of some sort that releases the dojo from liability and binds you to your contract.

    I have to sign a new one every year for bellydancing, and that's way less stressful than Kung-fu!
    State is Illinois. I will look for the contract tomorrow.

  4. #4
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Should I File A Suit Against A Collection Agency?

    Quote Quoting LawResearcherMissy
    View Post

    I have to sign a new one every year for bellydancing
    Missy?
    You single?
    Anyway, to the op, it's out of the kung fu place's hands at this point. The collection agency bought that $600 debt for probably $100. Unless there is wording in your contract that says you can get out of it due to a medical condition, don't deal with them

  5. #5
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Should I File A Suit Against A Collection Agency?

    Quote Quoting zerohour
    View Post
    Hi,

    Three years ago I signed up for KungFu lessons(5 months contract of $850).
    2 months into my training I started having some chest pain and physical difficulties. I decided to have a physical check done and discovered that I have heart murmur(FYI the KungFu place didn't require any physical check at class registration). I called up the KungFu master (also the owner) and told him that I can't continue with my training due to my heart situation. The guy insisted that I signed a contract and I owe him $650, but I told him that I won't be attending the class anymore and I have to quit. 1 month later I received a letter from the collection agency asking for $650. I refused to pay and went on with my life. Now 2 years later I did a credit check on my self and found out that my credit score was very low(Poor). I investigated more into my recored and found out that the collection agency reported me to Trans union this month.

    What is the best step to take? Should sue the KungFu master or try to talk it out with him (which I'm sure will result with nothing, but a fight or a big argument)? Please I need your help ASAP!

    Thanks in advance.
    If you refused to pay, it was a technical breach of contract. What you are claiming basically is a defense to a breach, such as "impossibility of performance", meaning you can not fullfill your obligation due to circumstances beyond your control. This defense or any other contract doctrine may or may not be legally sound??

    The only legal remedy against the Master is a complaint to rescind/void the contract, IMO!

    This can only be done in a higher court other than small claims, as they would most probably NOT have jurisdiction.

    IMO, the collection agency had a right to contract the credit unions, so any beef is with the Master.

    If you can not come to an agreement with him, you may need to consult an attorney to file a possible suit, as this is not an easy area of law.

    I hope your heart condition is better now!!


    BOR (Bill of Rights)

  6. #6
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Should I File A Suit Against A Collection Agency?

    Quote Quoting Dad2
    View Post
    Missy?
    You single?
    She's mine!!

  7. #7
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Should I File A Suit Against A Collection Agency?

    Quote Quoting Dad2
    View Post
    Anyway, to the op, it's out of the kung fu place's hands at this point. The collection agency bought that $600 debt for probably $100. Unless there is wording in your contract that says you can get out of it due to a medical condition, don't deal with them
    IF as you say, the collection agency bought it, and I never thought of that, then his potential action against the Master is void now!!

    He can ask WHO owns the debt now!!

  8. #8
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Should I File A Suit Against A Collection Agency?

    Or he can actually pay for the lessons, take them, and when it's over, kick the Jedi masters ass.

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