Legal Question in Business Law in Tennessee
What type of claim should i file against a bank
Hi, we have a mail order company in the state of california and we deal with credit card processors. a particular processor placed a note on our merchant account which encourages other processors to not want to deal with us and we want this statement removed, since we have all the proof which shows we followed proper procedures... we have sent them a letter requesting a review and removal of the note and have given them 10 days to respond or legal action would be taken... what type of legal claim would i need to file? the processor is in knox county , tennesse..
thank you in advance.
2 Answers from Attorneys
Re: What type of claim should i file against a bank
Whether your business is a proprietorship, partnership or corporation, it can sue for defamation and, perhaps, for other business torts such as interference with contract. There may be other much more specific wrongs under various banking statutes as well, but only full-blown research into the facts and law would reveal all of them, or show they don't exist.
Your suit could probably be brought in federal court based upon diversity of citizenship (you- California; they- Tennessee). Whether the bank can be served and the case heard in a California federal court or whether it would have to be a district (Eastern?) in Tennessee would depend upon the extent to which the bank has regular business contacts and operations in California.
This type of suit is expensive to bring and hard to win, and unless you can show substantial damages by strong proof, you should probably handle this problem by out-of-court negotiation or just cut them off, if possible, from your sphere of activities. If they don't want your business, don't offer them any.
Re: What type of claim should i file against a bank
Hire an attorney and try to reson with them... If nothing happens...you can sue them for Interference with Contract or Interference with actual and prospective economic advantages
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