Bally Fitness

[daleeper]

I just received a collections notice from Asset Acceptance that I owe $1386.62 from a 36 month contract with Bally Fitness from 1992. (13 years ago)
I did live in Houston TX for 2 months in 1992. I was relocating to TX and knew that I would be coming to Austin. I did go to Ballys while I was in Houston but I never would have knowingly signed a 36 month contract when I knew I was moving.
After reviewing several online complaints it looks as if Bally has a standard business practice of deceiving consumers to the length of contracts as well as how to break the contracts.
I called the Collections Agency and they would not give me the address or phone number for Bally. Easy enough as I called their 800 number. Because I am disputing signing a 36 mos contract they will not send me a copy. I was told to send my drivers license and signature so they can verify that I signed the contract.
My question is this. Is there a statue of limitations on this contract and being able to collect debt?
I check my credit report every 6 months and I have not seen any mention of being late for this account, nor is the account listed. This was a complete shock to me. What alternatives do I have?

 

[Michael Wechsler]

I just received a collections notice from Asset Acceptance that I owe $1386.62 from a 36 month contract with Bally Fitness from 1992. (13 years ago)
I did live in Houston TX for 2 months in 1992. I was relocating to TX and knew that I would be coming to Austin. I did go to Ballys while I was in Houston but I never would have knowingly signed a 36 month contract when I knew I was moving.
After reviewing several online complaints it looks as if Bally has a standard business practice of deceiving consumers to the length of contracts as well as how to break the contracts.
I called the Collections Agency and they would not give me the address or phone number for Bally. Easy enough as I called their 800 number. Because I am disputing signing a 36 mos contract they will not send me a copy. I was told to send my drivers license and signature so they can verify that I signed the contract.
My question is this. Is there a statue of limitations on this contract and being able to collect debt?
I check my credit report every 6 months and I have not seen any mention of being late for this account, nor is the account listed. This was a complete shock to me. What alternatives do I have?

I won't say Bally's deceives people -- they are well known for enforcing their contracts. Most of the time people don't remember the important 3 year term (usually you get a discount for signing up) or bother to read the contract.

While I don't think you can get out of the contract, the age of the contract might be an issue and the statute of limitations may apply. My first question would be whether a judgment was ever issued against you. That might change the answer. If there wasn't, then my understanding is that TX has a 4 year statute of limitations that accrues the day after the cause of action arose to bring a suit against you. That would make the debt "stale" and unable to be enforced.

Do remember that you are dealing with a credit collections company that likely purchased the debt. They might not have a copy of the contract. Perhaps telling them that you don't owe the money and that, either way, the statute of limitations has run its course might do the trick.

Let us know what happens and good luck!

 

[Bulldoglover]

I just received a collections notice from Asset Acceptance that I owe $1386.62 from a 36 month contract with Bally Fitness from 1992. (13 years ago)
I did live in Houston TX for 2 months in 1992. I was relocating to TX and knew that I would be coming to Austin. I did go to Ballys while I was in Houston but I never would have knowingly signed a 36 month contract when I knew I was moving.
After reviewing several online complaints it looks as if Bally has a standard business practice of deceiving consumers to the length of contracts as well as how to break the contracts.
I called the Collections Agency and they would not give me the address or phone number for Bally. Easy enough as I called their 800 number. Because I am disputing signing a 36 mos contract they will not send me a copy. I was told to send my drivers license and signature so they can verify that I signed the contract.
My question is this. Is there a statue of limitations on this contract and being able to collect debt?
I check my credit report every 6 months and I have not seen any mention of being late for this account, nor is the account listed. This was a complete shock to me. What alternatives do I have?

Someone needs to look into ths Asset Acceptance collection agency. I had a similar experience with them. I had a car that was in my name when I was married to my ex. To make a long story short, money was still owed on the car. I settled with Bank One with an agreed sum for the title of the car. This was 10 years ago. This Asset company came after me for $5000.00. I called Bank One and they said I did not owe them anything. It's not even on my credit report anymore. I was out of work a few years ago, and on the day I had surgury on my back they went to court and got a judgement against me. They have been garnishing my wages and I'm pissed! I sent then a copy of the title to the car and also a letter from Bank One that the debt had been settled. Watch out for this company! I live in Ohio and I contacted the Attorney General. I was told if I had contacted them before they had ajudgement against me, they would have filed a complaint on my behaf, but since I was unable to go to court and defend myself, there is nothing they can do. I suggest you call your Attorney General and try to stop these people. Good Luck!

 

[Michael Wechsler]

Someone needs to look into ths Asset Acceptance collection agency. I had a similar experience with them. I had a car that was in my name when I was married to my ex. To make a long story short, money was still owed on the car. I settled with Bank One with an agreed sum for the title of the car. This was 10 years ago. This Asset company came after me for $5000.00. I called Bank One and they said I did not owe them anything. It's not even on my credit report anymore. I was out of work a few years ago, and on the day I had surgury on my back they went to court and got a judgement against me. They have been garnishing my wages and I'm pissed! I sent then a copy of the title to the car and also a letter from Bank One that the debt had been settled. Watch out for this company! I live in Ohio and I contacted the Attorney General. I was told if I had contacted them before they had ajudgement against me, they would have filed a complaint on my behaf, but since I was unable to go to court and defend myself, there is nothing they can do. I suggest you call your Attorney General and try to stop these people. Good Luck!

I don't doubt your story at all and some of these collectors are notorious for tactics. But I don't understand why you didn't contact Assest Acceptance when you received the subpoena for court... or did you? Going to the attorney general will likely not do much if it is a valid debt which they are attempting to enforce. What will the AG do? In this instance, the debtor admits the debt is valid. The question really goes to whether the practices at Bally's were deceptive. It's possible. But if the length of the contract is clearly stated, then it will be difficult for the AG to do anything either. it is presumed that you have read a contract that you have signed.