united-states contract-law new-york-state civil-law
Can I sue my gym for over charging me?
<p>They have refused to correct the mistake.  I have asked them about 3 times and finally given up and just cancelled my membership.</p>

<p>If you are going to sue, and can prove they overcharged -  consider going to the small claims court.  It should cost you $15 + time - unless you loose quite badly - in which case its conceivable the court could award costs against you (I don't know if this is true of the small claims court in NY). </p>

<p>You can represent yourself, so no heavy legal bills.</p>

<p>It will take a a few hours of your time to prepare and have the hearing. </p>

<p>Of-course, very often, just by filing you will get the opposing party to sort out the issue - and probably won't even need to go to court.</p>

<p>Can you sue? Yes. Will you win? If they are in violation of your contract, probably, if they <em>might</em> be in violation? still probably but there is a huge risk that you will have to pay court costs and lawyer costs. Is it worth your time, no. </p>
