I’ll see you in court Non-refunded residents file lawsuits against gym owner

It has been more than a year since Hoboken resident Richard D. De Vita bought two memberships to a health club that was slated to open in the city but never did, and he still has not received a refund from the club’s owner, he says.

“They have not been able to come to the table,” said De Vita, an attorney, during a phone interview. “They are the most unprofessional people I’ve encountered.”

Less than a month ago, De Vita filed a civil action suit in Hudson County small claims court on Newark Avenue in Jersey City against Steven Winters and his company Health Concepts, based in Fairview. In the lawsuit, De Vita claims that Winters is liable for $1,470, which he says includes attorney fees in addition to the $798 he paid for the memberships.

Winters did not return more than a dozen phone calls seeking comment by press time last week.

Winters, who operates Health Concepts gyms in Fairview and Secaucus, tried to open a health club at a 30,000 square foot facility on the corner of Park Avenue and 14th Street more than a year ago, but was unsuccessful because of unresolved zoning issues. Winters said he had trouble since December of 1999 in getting through to city zoning officials for help in deciding on the right measures to take for repair work for the club after they stated there were violations. Winters said he finally had to move forward with the repair work because his developers could not get timely responses from Hoboken public officials. The delays prompted Health Concepts officials to file suit in Hudson County Superior Court against the city. In October of 2000, a Superior Court judge ordered the two parties to meet and resolve the issue during public planning and zoning board meetings. After months of discussions over the zoning permits, Health Concepts took the case to the Hudson County Construction Board of Appeals. The case is still being litigated and will be decided by Judge Thomas Olivieri.

Winters sold memberships for the Hoboken gym to the public for approximately $400 per person. In an interview with The Reporter on Aug. 5, Winters said, “People will get their refunds.” So far, Winters has refunded money to more than half of the approximate 600 people who signed up.

De Vita said that before filing the suit, he called Winters at his Fairview office approximately 20 times without success. Like De Vita, several other residents have contacted The Reporter during the past six months claiming they have been ignored.

Since the fall of last year, Winters’ Health Concepts has had a negative status with the Better Business Bureau in Parsippany, according to BBB spokeswoman Peggy Pie. Since it seems Winters is not coming through with his promise of refunds, according to Assistant Civic Division Manager at the Hudson County courthouse Joseph Bolles, the only way people can get their refunds is through small claims court.

As of last week, Bolles said there have been three lawsuits filed against Winters or Health Concepts in Hudson County’s small claims court. For a case to be heard in small claims court, the liability amount must be less than $2,000 and there is a $16 fee, according to Bolles. A mediator would initially hear the case, and if a mutual agreement were not successful, then the case would go before a judge, Bolles said.

“You can sue anybody you want. The outcome is determined by the evidence presented,” Bolles said.

If a judge rules in favor of the plaintiff, the defendant would have 10 days to pay up. If the defendant does not pay during the allotted time, authorities from the county’s Sheriff’s Department are supposed to after the defendant and collect the money, according to Bolles.

In addition, Hudson County First Assistant Prosecutor Terrence Hull said if his office receives complaints from the public, they too would investigate the matter. “If we receive enough calls we would look into it,” Hull said.

Since Winters operates health clubs in both Hudson and Bergen counties, the public can go to either courthouse to file small claims lawsuits, Bolles said.

An employee at the Civic Division of the Bergen County courthouse in Hackensack said last week that several people have filed lawsuits against Winters and Health Concepts in recent months.

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