Who is the appropriate defendant when suing a franchise?
Question Details: I am considering suing my gym for continuing to bill me for several months after terminating my membership. It's a franchise gym, so should I sue the owner or his franchise business? I don't plan to go after corporate. Here's the story. I was living in MI full-time for a year and then part-time until about 10 months ago. While I was there full-time I joined a gym and stuck with it while splitting my time because I expected to take a permanent job that would leave me in MI full-time permanent. Things happened and got stuck staying with family while sorting out job issues and learned the position I was supposed to get was not going to be filled after all. So as I was getting my life back on track, I called them and said that I wanted to end my membership. They said that I had to do it in person, I said I was 8 hours away, and they agreed to let me do it by e-mail. I ended up taking a job in a third state, and amid all the hustle of moving and getting a new house set up my wife and I didn't keep an eye on the details of the finances I know, bad move. I just found out they've billed us for seven months $279.65 after the agreed on termination. I am attempting to resolve this out of court but have little faith they will comply.
If you file a lawsuit, you should name the franchise and the owner as defendants. You should also add DOES 1 through 20, inclusive as defendants. These are fictitious, but are included in case you have omitted other defendants. You might want to include the corporation as a defendant.