QUESTION

The Seller is not sending the products I bought.

Asked on Feb 24th, 2015 on Business Law - Tennessee
More details to this question:
I have bought two medical instruments from a seller in TN and paid $30,000 for both. The payment was sent by wire transfer but the seller does not seem to send the two instruments and did not even send an invoice for the payment. What would be the best way to get the instruments and/or the money back?
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1 ANSWER

Bankruptcy Attorney serving Tullahoma, TN at Labar Law PLLC
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This is the classic case of breach of contract.  Tennessee has a 6 year statute of limitations to file for breach of contract.  Because the amount is over $25,000 a lawsuit would have to be commenced in Circuit Court for the appropriate county (there are reasons that the case could have to be filed in Federal Court, but this would require more facts).  When I represent clients in matters like this, the first step is a review of the documents exchanged between the parties and then a demand letter outlining that a lawsuit is about to be filed.  This will usually get some response to clarify the intent of the Seller.  Unfortuantely matters like this are usually purely civll issues and not criminal matters where the District Attorney General would prosecute because for a criminal action there would need to be alot of factors generally evidencing an intent on the Seller to never have intended to have shipped the product.   This answer is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. This answer is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this answer. This answer does not create an attorney-client relationship between the author (John R. LaBar)/Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. and the recipient.
Answered on Feb 26th, 2015 at 7:41 AM

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