Quick Legal Question

• Blitzkrieg

  Last June, I renewed a gym membership for 6 months. The gym shut down in July. The owner wasnt paying utility bills and the city shut off power. So I lost 5 months worth of money - about $230 dollars. Owner has repeatedly said he was going to try to reopen. He won a multimillion dollar settlement for flood damages back in early December. I've been patient, I know the economy is rough, but its been 7 months since he's closed.
  
  Any legal experts on here? Could I just go to the local courthouse and file a small claims form? Is that the proper legal thing to do?
• sherm03

  

  You can file the small claims...but you can probably kiss that money good bye. More than likely, even if you win the small claims case, the guy isn't going to pay up the money.
• Manhattan Buckeye

  Without knowing more details, chances are the gym entity went bankrupt, and you're an unsecured creditor. You may have recourse but you're in a line with other creditors.
• Blitzkrieg

  The gym isnt bankrupt. He still has the property and won a multimillion insurance settlement. I dont think he has seen the money yet and he hasnt paid his electric bill to reopen.
• thedynasty1998

  

  Multimillion dollar insurance settlement for a gym? You sure about that?
  
  You can file in small claims for like $25, probably the best route if you want to pursue it without wasting any money.
• Society

  Blitzkrieg wrote: The gym isnt bankrupt. He still has the property and won a multimillion insurance settlement. I dont think he has seen the money yet and he hasnt paid his electric bill to reopen.

  His other property is more than likely not tied in with one another.
  

  thedynasty1998 wrote: Multimillion dollar insurance settlement for a gym? You sure about that?
  
  You can file in small claims for like $25, probably the best route if you want to pursue it without wasting any money.

  My thoughts too. What kind of flood damage awards a "multimillion dollar" settlement?
• Blitzkrieg

  thedynasty1998 wrote: Multimillion dollar insurance settlement for a gym? You sure about that?

  Yes. Its a huge gym, indoor pool, indoor soccer field, a couple rqtball courts. Even had a mini golf course and restaurant on the grounds. It was flooded a couple years back and it took a couple years to settle. But I am incorrect on insurance settlement - Owner actually filed a lawsuit against the Ohio Department of Natural Resources seeking $5 million in damages after a 2003 flood damaged the complex. "He blamed the flooding on the state-managed West Bank spillway off Grand Lake. " He was awarded somewhere between 3.2 & 5 million in damages but I dont know the exact amount.
  
  Now that we have that settled. It's kind of frustrating. He's awarded millions, and he's stiffing his former customers for hundreds.
• Apple

  

  Sounds like a story one of those local news investigative reporters would like to hear about Try contacting one and have him/her follow you as you file suit, have them dig up more dirt on the owner etc.