[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/prime_links.php on line 129: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/prime_links.php on line 130: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 127: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 127: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/functions.php on line 4829: Cannot modify header information - headers already sent by (output started at [ROOT]/includes/functions.php:3911)
[phpBB Debug] PHP Warning: in file [ROOT]/includes/functions.php on line 4831: Cannot modify header information - headers already sent by (output started at [ROOT]/includes/functions.php:3911)
[phpBB Debug] PHP Warning: in file [ROOT]/includes/functions.php on line 4832: Cannot modify header information - headers already sent by (output started at [ROOT]/includes/functions.php:3911)
[phpBB Debug] PHP Warning: in file [ROOT]/includes/functions.php on line 4833: Cannot modify header information - headers already sent by (output started at [ROOT]/includes/functions.php:3911)
Need some legal advice gents • The Lounge • Political Crossfire Forums

Need some legal advice gents

A place to relax and talk about things besides politics.

Need some legal advice gents

Postby phosphide » Sun Nov 09, 2014 8:17 pm

Not really advice, more like looking for information that I can utilize in a settlement.

Basically, here are the facts in a nutshell.
1. Was part of a country club. I e-mailed them to cancel my account. They e-mailed back saying I had to fill out a form (but didn't mention it was required as a by-law).
2. I didn't fill out the form. Or rather, I'm 99% sure I didn't. It's been well over a year now I don't remember.
3. My credit card expired the month after I told them to cancel. No charges or contact from the country club appeared out of my bank account. 3 months later, they contact me saying I owe money plus late fees, etc. I thought everything was canceled so I called them and said I thought it was canceled. They told me it needed to be in writing, I said it was in writing. Then they back tracked and said it needed specifically that form I didn't fill out. I said I'm not paying it, nobody ever told me that it was required and that it's apparently part of the by-laws (which I can't confirm yet).
4. They send to debt collection company. Debt collection calls me 6 months after #3 conversation. They said the cancel needed to be in writing. I said it was in writing. They asked me to forward the e-mail I sent, so I did. 3 months later, they call me again. I explain the situation again. The also backtracked and say that it had to be that form and they asked if I filled it out. I said I'm pretty sure I didn't and that I'm not paying it. Guy hangs up and says "I'll see you in court."
5. They send me a letter saying it's on the way to a lawyer's office and will take me to court.

Just curious as to what extent does the law have regarding commercial debt (I believe this is classified as commercial debt), statute of limitations, etc. I'm going to end up settling something as I would rather avoid court, though, of course I don't want to pay for a club that I wasn't a part of. I've requested a copy of the club by-laws and full breakdown of the charges (it looks like they overcharged me anyways based off an old statement I found).

Gotta love it.

**==
We must not be enemies. Though passion may have strained, it must not break our bonds of affection. The mystic chords of memory will yet swell the chorus when again touched, as surely they will be, by the better angels of our nature.
- Abraham Lincoln
phosphide
Senator
 
Posts: 1439
Joined: Sat Aug 18, 2012 2:37 pm
Gender: None specified
Has thanked: 10 times
Been thanked: 61 times
Political Leaning: Libertarian

Re: Need some legal advice gents

Postby Philly » Sun Nov 09, 2014 8:24 pm

My legal advice is talk to a lawyer. A real lawyer not a loony public defender from one of those pot smoking states.
go ahead. keep screaming "Shut The f**k Up " at me. it only makes my opinions Worse
User avatar
Philly
Governor
 
Posts: 9899
Joined: Sat Feb 22, 2014 6:36 pm
Gender: None specified
Has thanked: 975 times
Been thanked: 1223 times
Political Leaning: DEMOCRATIC SOCIALIST

Re: Need some legal advice gents

Postby phosphide » Sun Nov 09, 2014 8:55 pm

I know that already.
We must not be enemies. Though passion may have strained, it must not break our bonds of affection. The mystic chords of memory will yet swell the chorus when again touched, as surely they will be, by the better angels of our nature.
- Abraham Lincoln
phosphide
Senator
 
Posts: 1439
Joined: Sat Aug 18, 2012 2:37 pm
Gender: None specified
Has thanked: 10 times
Been thanked: 61 times
Political Leaning: Libertarian

Re: Need some legal advice gents

Postby The Comrade » Sun Nov 09, 2014 9:08 pm

how much was the membership?
User avatar
The Comrade
Vice President
 
Posts: 18439
Joined: Sun Aug 19, 2012 1:10 pm
Location: Yugoslavia
Gender: Male
Has thanked: 1212 times
Been thanked: 1889 times
Political Leaning: Socialist

Re: Need some legal advice gents

Postby uebermann » Sun Nov 09, 2014 9:11 pm

Well, state laws vary from state to state so you'd probably want to talk to someone in Texas to know for sure. I have a friend that is a lawyer (Houston) but I don't think he would look at this as it would take a lot of research and he doesn't like to do this type of thing very much for his friends. He used to but then everyone started asking him for legal advice all the time and it became overwhelming for him. I'll point him at the post but I make no promises.

I think its going to come down to two things. First is what exactly their charter/by-laws say. Second is if they can legally require you to send in a form. If the charter says that you have to and it is legal to have such a requirement, they've got ya by the short curlies.

Chances are both are true. If its in collections, you can usually negotiate a deal with them. Like only having to pay 50% of the amount owed or setting up some kind of payment plan.

Is the amount rather high? If not, I doubt its worth hiring a lawyer over.
Image
User avatar
uebermann
Site Admin
 
Posts: 5679
Joined: Thu Aug 16, 2012 12:56 am
Location: Tyler, TX
Gender: Male
Has thanked: 171 times
Been thanked: 384 times
Political Leaning: Middle of the Road

Re: Need some legal advice gents

Postby Philly » Sun Nov 09, 2014 9:18 pm

Do you know a lawyer you could talk to just for some friendly advice without actually hiring? As uber indicated, you want to speak to someone licensed to practice in your state.
go ahead. keep screaming "Shut The f**k Up " at me. it only makes my opinions Worse
User avatar
Philly
Governor
 
Posts: 9899
Joined: Sat Feb 22, 2014 6:36 pm
Gender: None specified
Has thanked: 975 times
Been thanked: 1223 times
Political Leaning: DEMOCRATIC SOCIALIST

Re: Need some legal advice gents

Postby Winchester » Sun Nov 09, 2014 10:14 pm

Call their bluff, say "Take me to court... and oh yeah I'm a turnip."

Edit to add, you also need to learn to lie to debt collectors (in cases like this) better. Your answer to whether you filled out the "required" form would be "yes, I called them to cancel my membership and they said it had to be in writing, then I emailed them my written cancellation and they said it needed to be on this form, so I filled one out and mailed it to them."
User avatar
Winchester
Governor
 
Posts: 5872
Joined: Sun Aug 19, 2012 12:07 pm
Gender: None specified
Has thanked: 822 times
Been thanked: 853 times

Re: Need some legal advice gents

Postby Professor » Tue Nov 11, 2014 10:44 am

Step 1 - get a copy of the by-laws and read them very carefully.
Step 2 - determine if they ever sent you the form after you told them your intent to cancel.
Step 3 - determine, via the by-laws, if you have another avenue other than court (arbitration would be nice, since it'd likely be paid by the club); small claims court is also good, as you can likely represent yourself
Step 4 - obtain copies of the laws in your state regarding contracts, collections, and companies (specific to whatever type of corp the club is - you're looking to see what weight their by-laws carry); also search collections agencies

Get back to us on it.
Image
User avatar
Professor
VIP
VIP
 
Posts: 7553
Joined: Mon Aug 20, 2012 2:42 pm
Location: New Orleans, LA
Gender: Male
Has thanked: 54 times
Been thanked: 570 times
Political Leaning: Rockefeller Republican

Re: Need some legal advice gents

Postby eynon81 » Tue Nov 11, 2014 10:48 am

User avatar
eynon81
VIP
VIP
 
Posts: 19475
Joined: Mon Aug 20, 2012 10:38 am
Location: Golden, Colorado
Gender: Male
Has thanked: 3875 times
Been thanked: 1821 times
Political Leaning: Very Conservative

Re: Need some legal advice gents

Postby Winchester » Tue Nov 11, 2014 10:54 am

User avatar
Winchester
Governor
 
Posts: 5872
Joined: Sun Aug 19, 2012 12:07 pm
Gender: None specified
Has thanked: 822 times
Been thanked: 853 times

Next

Return to The Lounge

Who is online

Users browsing this forum: No registered users and 209 guests

cron