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:
It would appear that you have grounds for bringing a lawsuit against the selling company. The court in which you would need to file suit will depend on what court(s) would have jurisdiction over a breach of contract action for the amount of damages you seek. Your first step would be to file a complaint in the appropriate court. A complaint is a general statement of the claim of the plaintiff. The complaint must describe the actions that led to the claim of a violation (i.e., violation of rights). The claim can be for money damages. It could also be a claim for equitable remedies like specific performance (e.g., court forcing a party to abide by a contract) or an injunction (e.g., stopping a person from doing something). The complaint must establish jurisdiction of the court in which it is filed. For example, if the complain is filed in federal court, it must show diversity of citizenship or that a federal statutory or constitutional question is involved.
Next you must serve process on the defendant. This involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant that he is being sued; the name of the court in which he is being sued; when he must file an answer; and that a default judgment will be entered if no answer is filed. The summons must normally be served on the individual defendant. Some states allow service on a member of defendant=s household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation. If you cannot locate the defendant, some states allow service of process by filing a notice in a newspaper. Unless the defendant is served with process, no judgment can be taken against him.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.
