Alabama Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts

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Multi-State
Control #:
US-01248BG
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Word; 
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Description

An open account is an account based on continuous dealing between the parties, which has not been closed, settled or stated, and which is kept open with the expectation of further transactions. An open account is created when the parties intend that the individual items of the account will not be considered independently, but as a connected series of transactions. In addition, the parties must intend that the account will be kept open and subject to a shifting balance as additional related entries of debits and credits are made, until either party decides to settle and close the account. This form is a complaint against a guarantor of such an account.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts
  • Preview Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts
  • Preview Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts

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FAQ

If you do not take steps to file for lien avoidance, the creditor can still take the property or force its sale by the Sheriff. If the property with a judgment lien is a house or car and the creditor does nothing, the lien remains on the property until it expires.

A collector cannot use threats of violence or harm, repeatedly call to annoy you, or lie or mislead you. Lies or misleading behavior include the suggestion that you have committed a crime, overstating the amount of your debt, or threatening to garnish your wages unless they already have a judgment against you.

Statute of Limitations for Breach of Contract. In Alabama, a breach of contract claim is subject to a six year statute of limitations under Ala.

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.

Debt collectors may not be able to sue you to collect on old (time-barred) debts, but they may still try to collect on those debts. In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.

Alabama state law (AL Code § 6-2-37) says that debt collectors have 3 years to file a debt collection lawsuit on an open account, such as a credit card account. The clock starts ticking 3 years from the date of the last action on the account in question.

Alabama Code § 6-3-7(a) allows for civil actions against corporations to brought in any of the following counties: (1) county where a substantial part of the events or omissions giving rise to the claim occurred; or (2) county of the corporation's principal office in the state; or (3) county in which the plaintiff ...

If you owe state tax debt, the statute of limitation is 10 years. If you owe credit card or auto loan debt, the statute is 3-4 years. Medical debt and mortgage debt don't run out until 6 years later.

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Alabama Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts