MsButtercup
05-22-2009, 01:02 AM
"I entered into a contract in November of 2007 for training sessions 3 times per week with a personal home trainer.
Training sessions were scheduled for Monday, Wednesday, and Friday mornings at 8am.
On numerous occasions The Trainer would arrive considerably late unapologetically and would tell me he was late due to spending personal time with his earlier client following their sessions.
For his convenience eventually The Trainer changed my original contracted training days from M, W, and F, and would randomly request to alter the new days and times for his convenience.
In the beginning of February of 2008 I became extremely ill with the flu and was unable to partake in any training sessions or other physical activity for approximately 2+ weeks.
Training resumed on February 22.
On Friday February 22, 2007 at the end of our session The Trainer asked for payment. Since our sessions had been postponed I had expected the payments to be adjusted in accordance. As I explained this to The Trainer he became furious that I did not have his payment for him that day. I expressed I would have a cash payment for him on our next scheduled date. He continued to rage, equating my payment to him as being the same as making a car payment, and that my being sick made no difference as to when the payment was due. At that point I was extremely uncomfortable and becoming fearful with his presence in my own home. He was very angry when he finally left my home and as a single woman living alone I felt very unsafe and threatened.
My last communication with The Trainer was later on that same Friday, February 22, through an email which he sent to me informing me that we were paid up to date and to call him should I wish to resume my training sessions with him. My response was that I would contact him if and when I wished to resume training with him. The final emails are in existence.
Since then I never heard from The Trainer, either with an apology for his unprofessional and irate behavior or to resume training sessions.
In November 2008 I received a judgment from the courts in reference to case # __________, which was when I first learned The Trainer had filed a suit against me for refusal to pay/breach of contract.
March of 2009 I received a levy notice in reference to this judgment. I had not taken action before March of 2009 due to going through the experience of being incapacitated and having surgery and recovering.
I was never served with papers to appear in court, and had I received papers I would have been there to defend myself and prove I did not owe The Trainer anything further as he had stated in the emails we were current and paid to date as per our contract."
This is the statement I presented to the courts on a motion to vacate. The judge denied my motion to vacate and so I appealed. Since then through my research I have discovered The Trainer filed suit more than one month prior to the conclusion date of our contract, and he filed the same charges on four different occasions for the same contract.
I was never served for any of the claims, but there are 3 proof of services filed by his employee who signed as server.
The Trainer claimed that he observed his employee hand me the papers at my front door on his final filing and that he had driven his employee to my home due to the fact that his employee did not know where I lived and had never been to my address before, and did not know how to find my home. Both perjured themselves in court.
How do I prove perjury, and is it breach of contract to file a claim for the balance of the contract before the contract has expired?
Training sessions were scheduled for Monday, Wednesday, and Friday mornings at 8am.
On numerous occasions The Trainer would arrive considerably late unapologetically and would tell me he was late due to spending personal time with his earlier client following their sessions.
For his convenience eventually The Trainer changed my original contracted training days from M, W, and F, and would randomly request to alter the new days and times for his convenience.
In the beginning of February of 2008 I became extremely ill with the flu and was unable to partake in any training sessions or other physical activity for approximately 2+ weeks.
Training resumed on February 22.
On Friday February 22, 2007 at the end of our session The Trainer asked for payment. Since our sessions had been postponed I had expected the payments to be adjusted in accordance. As I explained this to The Trainer he became furious that I did not have his payment for him that day. I expressed I would have a cash payment for him on our next scheduled date. He continued to rage, equating my payment to him as being the same as making a car payment, and that my being sick made no difference as to when the payment was due. At that point I was extremely uncomfortable and becoming fearful with his presence in my own home. He was very angry when he finally left my home and as a single woman living alone I felt very unsafe and threatened.
My last communication with The Trainer was later on that same Friday, February 22, through an email which he sent to me informing me that we were paid up to date and to call him should I wish to resume my training sessions with him. My response was that I would contact him if and when I wished to resume training with him. The final emails are in existence.
Since then I never heard from The Trainer, either with an apology for his unprofessional and irate behavior or to resume training sessions.
In November 2008 I received a judgment from the courts in reference to case # __________, which was when I first learned The Trainer had filed a suit against me for refusal to pay/breach of contract.
March of 2009 I received a levy notice in reference to this judgment. I had not taken action before March of 2009 due to going through the experience of being incapacitated and having surgery and recovering.
I was never served with papers to appear in court, and had I received papers I would have been there to defend myself and prove I did not owe The Trainer anything further as he had stated in the emails we were current and paid to date as per our contract."
This is the statement I presented to the courts on a motion to vacate. The judge denied my motion to vacate and so I appealed. Since then through my research I have discovered The Trainer filed suit more than one month prior to the conclusion date of our contract, and he filed the same charges on four different occasions for the same contract.
I was never served for any of the claims, but there are 3 proof of services filed by his employee who signed as server.
The Trainer claimed that he observed his employee hand me the papers at my front door on his final filing and that he had driven his employee to my home due to the fact that his employee did not know where I lived and had never been to my address before, and did not know how to find my home. Both perjured themselves in court.
How do I prove perjury, and is it breach of contract to file a claim for the balance of the contract before the contract has expired?