Civil/Commercial Litigation (Lawsuits)/Proof of Reasonable Attempt?


Hi Morgan!

  About 18 months ago, I enrolled in an annual contract with a gym for a membership. After the contract was expired, it was a "month to month" agreement, so I am not legally bound to pay. I have the option to freeze my account if I can't make it, per the gym's rules.

  I have since moved, and am up for a promotion at my job so I can't make it to the gym enough to get my money's worth. I have called the store and left a message for the Manager. I have also left a letter for the aforementioned individual for him to call me regarding this matter post haste. If I get billed again, I plan on disputing the charge with my bank. If he takes me to Small Claims Court for the money, how can I show the Court that I have made a reasonable attempt to reach him to no avail? Thanks,


Hello Andrew,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

It appears that you are in possession of certain documents that would effect the determination of your dispute: a contract, perhaps a membership agreement, and some rules.  I suggest that rather than waste energy with telephone calls that you can't really reproduce effectively in court, you start writing a potent letter.  Sign it, date it, send it off to the gym, and keep a copy.  You might do well to cite within your letter the pertinent portions of the contract etc. that provide that you are accurate in your perception that the contract  is terminated and you are "not legally bound to pay".  

The decision for a judge to make if you go to court is not at all whether you "have made a reasonable attempt to reach" the gym.  The issue for the judge is whether either of the parties breached the contract, and if so, how much money is appropriate to remedy that.

I hope this helps, good luck to you.

Morgan Smith
Minneapolis, Minnesota
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law  

Civil/Commercial Litigation (Lawsuits)

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Morgan Smith


Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.


I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at:

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