How To Sue 24 Hour Fitness

Do you have a dispute with 24 Hour Fitness a refund, purchase, or charges to your account? You have several options, including suing 24 Hour Fitness in small claims court.

In this article, learn about:

• Common types of small claims lawsuits against 24 Hour Fitness.

• What to do before suing 24 Hour Fitness in small claims court.

• How much does it cost to sue 24 Hour Fitness in small claims?

• How much can you sue 24 Hour Fitness for in small claims?

• How to file a small claims lawsuit against 24 Hour Fitness.

• Fun fact, lawyers are not allowed at the initial small claims hearing! This is to even the playing field so that each party has an equal chance of obtaining justice.

We often receive the question, can I sue 24 Hour Fitness in small claims? The answer is yes as long as the dispute is for $12,500 or less (more on this below).

Here are some examples of small claims lawsuits against 24 Hour Fitness:

• Failure to cancel your membership. For example, you requested 24 Hour Fitness cancel your membership but they never cancelled it.

• Failure to refund your account. For example, 24 Hour Fitness agreed to issue you a refund but never did.

• Charges to your credit card. For example, if you cancelled your 24 Hour Fitness membership and they kept on charging you.

Send a Demand Letter

A demand letter is a letter that outlines a set of requests. For example, you could request a refund and explain why you are requesting a refund.  

If you eventually decide to sue in California small claims court, you are required to first request your money or property back before you can file the lawsuit. While you can request your money or property back orally, it is recommended you do so in writing in the form of a demand letter.

What to include in the demand letter?

Unsure of what to include in your demand letter to 24 Hour Fitness? Here are a few suggestions:

• How much money you are owed.

• Why you are owed money.

• Your contact information.

• Where to send payment.

• Give them a few days to respond (usually about 7 to 14 days).

• State that if they don't respond, you intend to sue.

Where to send the letter:

24 Hour Fitness USA, LLC
1265 Laurel Tree Lane
Suite 200
Carlsbad, CA 92011

You can also send a copy of the letter to their registered agent in California:

CSC Lawyers Incorporating Service
2710 Gateway Oaks Drive
Suite 150N
Sacramento, CA 95833

Make sure to always verify this information by reviewing the California Secretary of State's website as this information may change. Learn how here.

If 24 Hour Fitness ignores your demand letter, what is the next step? You can consider suing 24 Hour Fitness in a small claims court.

So how much are you going to spend by suing 24 Hour Fitness in small claims court?

Court Filing Fees

The amount you will pay to file a small claims lawsuit in California depends on how much you are suing 24 Hour Fitness for. You will pay between $30 to $75 to file the lawsuit.If you cannot afford to pay court fees, you can ask the court to waive the fees.  

Serving Costs

Once the lawsuit is filed, you have to notify 24 Hour Fitness that you have sued them. This is called "serving." Serving Costs can range from $0-$75.

24 Hour Fitness has an agent in each state it has a store. Officially this agent is called an "agent for service of process" which means the person or business responsible for receiving legal documents on behalf of 24 Hour Fitness.

In California, this is 24 Hour Fitness's agent:

CSC Lawyers Incorporating Service
2710 Gateway Oaks Drive
Suite 150N
Sacramento, CA 95833

Make sure to always verify this information by reviewing the California Secretary of State's website as this information may change.Learn how here.

‍If you win, you can request that 24 Hour Fitness pay for your court fees and serving costs.

In California, you can sue 24 Hour Fitness for a maximum of $12,500 if you are an individual. If you are a business suing 24 Hour Fitness, you can sue for a maximum of $6,250. Note, if you are a sole proprietor, you count as an individual.

By suing in small claims you are agreeing to waive any amount over the maximum amount you can sue for, even if you are owed more. For example, if 24 Hour Fitness owes you $15,000, and you decide to sue in small claims, you are waiving suing for an additional $2,500. Meaning that you will win a maximum of $12,500.

While you may be missing out on the full amount you are owed, there are practical benefits to suing in small claims instead of suing in "regular court."

Here are some of the benefits:

1. Court filing fees are cheaper in small claims than in other courts.

2. The process is faster in small claims than in other courts as your hearing will usually be scheduled 30-70 days after you file the lawsuit.

3. Lawyers are generally not allowed in small claims which helps keep the costs of suing low.  

We have outlined each one of these steps in detail, click the links to learn more.

1. Prepare and file the lawsuit.

2. Notify ("serve") 24 Hour Fitness's agent for service of process.

3. Prepare for and attend the small claims hearing.

Once the lawsuit is filed, the small claims hearing will be scheduled 30-70 days later.

Make sure to review any terms you agreed to with 24 Hour Fitness! 

Small claims hearings in California small claims are informal and most hearings last around 15 minutes. While many disputes settle before the hearing, here is what to expect if your lawsuit does not settle.

Who will represent 24 Hour Fitness at the hearing?

• The easiest way to answer this question is that a lawyer will not be representing 24 Hour Fitness since lawyers cannot represent parties at the initial small claims hearing. They will have a non-attorney representative.

The hearing:

• Right before the hearing, the judge will ask you and 24 Hour Fitness's representative to show each other the evidence that you will later show the judge.

• The judge will ask you why you are suing.

• The judge will ask 24 Hour Fitness's representative to tell them their side of the story.

• The hearing will last around 15 minutes.

• The judge will ask you to show them the evidence you brought. Sometimes the judge will keep the evidence. Other times, you will get the evidence right back.

• Very rarely a judge will tell you whether you won or lost at the hearing. Instead, the judge will tell you that their decision will be mailed to you (usually takes a few weeks to two months or so).