Fitwork has taken me to court and won a judgement using fraudulent information. I fought the case myself On June 6, 2007 i sign a 2yr agreement with Fitworks and I also gave a post-dated check to be case on June 30, 2007.
They file a Civil Case against me and won. It was not till after the case I began to re-read the case and the Statement of Facts from the Judge and I had my Bank Statement but it was the wrong year after court I went to get the correct year and this is when I began to investigate all the Documents Fitworks denied me throughout this entire case only submitting them in court.
And the Judge was aware of these action I wrote and made copies of all Document. Well I found out that Fitwork illegally use my Debit Card on July 2 2007 successfully withdraw 76.33 for payment June 30, 2007 for Fitworks Richmond Hts.
I tried to submit this to the court the Judge refuse but it allow Fitworks to keep submitting evidence in court and read letters showing them where i kept asking and the denied me, and the evidence I have never seen before.
He states it was because the Attorney Michael Berkowitz could not cross-exam for the creditability but the Judge denied me because I did not have time to even investigate the very Documents I have been denied since 2007.
So I am appealing the decision myself and they all have been timely and I have also made the Attorney aware of all my findings and sent him a copy of the Bank Statement and call before the garnishment and he refuses to investigate the evidence I have submitted to the Law Firm.
I have also tried to go to Garnishment Court and get it stop but I could not use my reason and it is because they have committed fraud and on the day in court I found out that the Judge denied my Motion to Vacate Judgement because I have not show and thing according to Civil Rule 60 1-5, or errors.
I have the information but I was waiting for another hearing or for the Judge to tell me my next step. But I believe neither the Judge or the Attorney have really read the case with understanding because in court the Judge read the letter showing I did ask for Discovery so why did he deny my Motion to Vacate.
The Judge did not mention the posted-dated check in his Statement of Facts (error) and the Attorney never mention it in his Summary for Judgement, but I did cross-exam the employee for Fitworks about the check and he was clueless they did not even mention the check.
So now on July 7, 2007 we go to use the gym our fingerprint do not work and my identification shows we are not in the system, we are denied entry so we leave assuming ok no contract, we never go back
and we did talk to employees they tried nothing.
Now I receive a letter 9-25-07 i read it call and check on my account and tried to change payment date I could not then so I did transfer funds. Now all of a sudden letter come from Attorney demanding money but I have given them a Debit Card for automatic payments so I am writing and get no response except the want money and have denied me the "Discovery I have been requesting" and even while in court.
Well on July 17, 2007 this is when first payment is due they claim they tried could not get it credit card 501-pickup well that is not true according to Bank Statement funds are there and Fitworks made no attempt. So they foreclose account.
At this point no mention of July 7,2007 they are trying to say it was on October 7, 2007 we return they receive a payment of $40 making the account current October 16, 2007 and we came back and use the Facility and then in November we were denied due to non-payment. This account was never current they only receive the $40 payment and Fitworks also gave credit to one agreement for the money they
claim they could not get.
So now remember the account is in foreclosure and your going to open it up for $40, but also state" the membership will not be open until account paid in full and then we will be restore. Okay right now I filed
a Motion to Reconsider base on the violations
The violation all fall under Civil Rules 60 1-5 and errors I did the investigation myself because I can not afford an Attorney and they violated the Tort Law. I keep calling and writing the Attorney making sure they are aware of everything and the fact they comitted Fraud'
Well they refused to respond and I have even written the Head Office in Colorado and they have not responded either. I even wrote a Fair Debt Act on them and mail it and they have not responded to this either. I acted as my own Attorney and I believe they are not taking me serious.
I know I am on the right track because I have went through everything they said I have no geniune issues I guess not that is why they kept the Discovery from me so I could not prove my allegation against them that also is a violation of my right denying me trial preparation. And I should have been granted a continuance by the Judge when they submit evidence especially since he denied my Bank Statement after Court and I even told him the Attorney was sent proof also.
I am at my wits end but I have all my letters written since they began writing and my case information I am considering attempting to either file a Civil Judgement or Small Claims. This is a total injustice and I know they think I am going to stop I can't.
I even ask how do they figure who they are going to sue because I could have got another Contract with them because someone was calling me from a Fitwork Facility for a new Membership.
So this is what I discover the post-dated check was never cash according to them so therefore when they had to hide that payment Fitworks did not activate my enrollment because no mention of an enrollment was ever mention.
Even the Judge did not he just states I have a contract, no it was also end when Fitworks change the payment method, and the membership never existed because of me not being enrolled and they also foreclose on this account and never attempted to get the July 17th payment.
Fitworks never provided us with a service but receive a payment of $40 to deny us entry to the Facility
commit Perjury on the stand making false document in order to establish a need for a trial to get a judgement against me for a contract that clear never existed due to Fitwork, the Breach the Contract.
There is so much they have done and I am trying to fight them to prevent this from happening to others! They have clearly rip me off for a total of $1702 and some change for giving me Fraudlent information and submitting it to the court and I have made them awhere of what they have done.
I have also file with BBB but because it went to trial and they won they can't help and I have notified the Federal Trade Commission and I am short on money because I want to send them a copy of my entire file.
I want all to know if what I am seeing is correct so that Fitworks will stop! I need help I believe this should go to the Supreme Court or to the Appeal stage because it has been almost 30-days and I do not know if the Judge is reading or what.