Full question:
I bought foreign currency over the Internet. I have not received what I paid for. The seller has been contacted but has been giving me the runaround. What is my next step?
- Category: Civil Actions
- Date:
- State: Florida
Answer:
If you haven't received your foreign currency, you may have grounds to file a lawsuit against the seller. The court where you file will depend on the jurisdiction related to your breach of contract claim and the amount of damages you seek.
Your first step is to file a complaint in the appropriate court. This complaint should outline your claim, including the actions that led to the alleged violation of your rights. You can seek money damages or equitable remedies, such as specific performance (forcing the seller to fulfill the contract) or an injunction (preventing the seller from certain actions).
When filing, ensure you establish the court's jurisdiction. For instance, if you file in federal court, you must demonstrate either diversity of citizenship or a federal question involved. After filing, you must serve the defendant with a copy of the complaint and a summons, which informs them of the lawsuit, the court's name, the deadline for their response, and the consequences of failing to respond.
Typically, the summons must be served directly to the individual defendant. Some states allow service to a household member if the defendant is unavailable. For corporate defendants, service should be made to the registered agent or an appropriate corporate officer. If you cannot locate the defendant, some states permit service by publishing a notice in a newspaper. Remember, without serving the defendant, you cannot obtain a judgment against them.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.