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30 days notice in a contract, oral or written

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  • 30 days notice in a contract, oral or written

    I have to give 30 days notice in a contract to terminate but it doesn't say how to give notice. I told them 2 weeks ago but now they say it has to be in writing, though they are able to cite no clause saying that.
    Are they correct or is my oral notice ok?

  • #2
    If the contract is mute on the subject notice is notice.

    What sort of contract is it? And what state are you in?

    Does the contract state the penalty for failing to give proper notice?

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    • #3
      Hi, it's a local gym here in Ohio, not part of any national chain.
      Just one guy that owns it.
      It doesn't say anything about penalty for failure to give notice. I think he just did the contract himself it looks like.
      Thank you!

      Comment


      • #4
        Does the gym have your credit card number or other banking information? If so he will likely charge you when the time comes. You may want to block those payments. Otherwise, you will have to sue him.

        If he sues you you show the contract and provide what evidence you can that there was no 30 day requirement.

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        • #5
          Originally posted by Dia 201 View Post
          Hi, it's a local gym here in Ohio, not part of any national chain.
          Just one guy that owns it.
          What "evidence" do you have that you gave notice? Can you prove it if he says you didn't?

          It's always better to put any kind of notice in writing.

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          • #6
            If it does not say it has to be in writing then any notice is fine.
            If he disputes it, you will have to prove it was given.

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            • #7
              Originally posted by Dia 201 View Post
              I have to give 30 days notice in a contract to terminate but it doesn't say how to give notice. I told them 2 weeks ago but now they say it has to be in writing, though they are able to cite no clause saying that.
              Are they correct or is my oral notice ok?
              but it doesn't say how to give notice.

              Then ANY notice is fine--send it by carrier pigeon if you want

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              • #8
                Originally posted by IMO InMyOpinion View Post

                Then ANY notice is fine--send it by carrier pigeon if you want
                The carrier pigeon will testify as to delivery?

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                • #9
                  Sure, nothing like a chatty little carrier pigeon. They make great witnesses. LOL


                  The recipient of the notice is the one who will testify -- under penalty of perjury and jail time if caught lying to the court.

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                  • #10
                    Originally posted by Guest View Post
                    The recipient of the notice is the one who will testify -- under penalty of perjury and jail time if caught lying to the court.
                    Nobody ever lied under oath.

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                    • #11
                      That's the chance he takes if he lies.

                      Prove him wrong and he likely loses the entire case, and possibly goes to jail.

                      I doubt he would lie on a simple contract case. Just not worth it.

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                      • #12
                        Originally posted by Guest View Post
                        That's the chance he takes if he lies.

                        Prove him wrong and he likely loses the entire case, and possibly goes to jail.

                        I doubt he would lie on a simple contract case. Just not worth it.

                        And proving he lied is WHY you have someone serve the guy.

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                        • #13
                          Originally posted by PayrollHRGuy View Post


                          And proving he lied is WHY you have someone serve the guy.


                          Not sure what that means. Nobody is talking about service here. The issue is was the oral notice sufficient. Even if not the preferred way, it was sufficient.

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                          • #14
                            Bottom line is any notice is fine if the contract does not specify.
                            But you indeed may have to prove it IF they lie about receipt.
                            Sounds like they admit the notice; it's just that they think it needs to be in writing. Which is wrong (based on what you have told us about the contract).

                            Comment


                            • #15
                              Show them this discussion thread ???
                              Or better yet if you can afford it, get a lawyer to confirm the points and write them a note. I would bet they will work out a solution with you.

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