Full question:
In 2004 I went to Curves. I signed a paper to take money out of my account but in early 2005 I told them that I could not come back because my husband was not working and I did not have the money. She said after a year it was on a month to month payment. I have had a lot of stress with a sick husband and dad working full time and taking care of the house and him I wasnt checking my bank statments as carefully as I should. I discovered she had been drawing $31.00 out of my account for 3 years and didnt see it. I went to the bank and they told me that I needed to put a stop payment but I have not been in the place in three years. Is there any way of getting my money back or get them to make this right? She said she was just honoring the contract but how if it was month to month?
- Category: Contracts
- Date:
- State: National
Answer:
Typically, in a month-to-month contract, it is renewable each month, and continues in effect until one of the parties terminates the agreement according to the contract terms, which often specify that advance notice of a certain amount of time must be given.
Whether you are entitled to have the money returned depends on whether you properly terminated the contract before the payments were applied and whether you authorized the automatic withdrawals. I suggest reading the contract terms regarding cancellation. If someone orally agreed to cancel it, it would be a matter of evidence for the court to interpret. You may want to contact the state attorney general if you suspect a lack of fair play, as some states have special consumer protections for these type of agreements.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
