How do I press criminal charges and sue someone across state lines?

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How do I press criminal charges and sue someone across state lines?

I sent 945 lbs of X-ray film to a company in TX. We had by e-mail and phone agreed to a price of $2.10 per pound if he paid shipping which he arranged. He received the film over a week ago, gave us several excuses why he couldn’t weigh it until yesterday and now he want to pay me $1.40 per pound because silver prices are down and he also wants me to pay $600 for shipping. So basically we agreed to $1984, and he said our check was now $640. I want to know if: 1 – Can I press criminal charges for fraud; and  2- How and where do I sue him?

Asked on May 14, 2011 under Business Law, Tennessee

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is not a criminal case.

You could sue for breach of contract.  Your damages (monetary compensation you are seeking in your lawsuit) would be the contract price of $1984 plus court costs.  Court costs would include the court filing fee and process server fee.

A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose.  You could file your lawsuit in either TN or TX.  It would be more convenient for you to file in TN where you reside for court appearances and court filings.  You could contact a process server in TX  in or near the community where the company is located and have the process server serve your lawsuit.  Process servers are listed in the Yellow Pages or online under attorney services.

You can file your lawsuit in Small Claims Court.


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