An action to recover on an open account is one usually based on an implied or oral contract. Ordinarily, it is not necessary to specify all the individual items that make up the account balance due. Some jurisdictions authorize a short form of pleading that allows a copy of the written statement to be attached, specifying only that a certain sum is due the plaintiff from the defendant. 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.
California Complaint for Amount Due for Goods Sold and Delivered Pursuant to an Open Account
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US-01240BG
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How to fill out Complaint For Amount Due For Goods Sold And Delivered Pursuant To An Open Account?
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FAQ
Open book account This claims you had an account with the Plaintiff or the original creditor, and that a record book (now typically an electronic statement) was kept for the account, and that you are being sued for the balance owed in the "book."
Cause of Action?Common Counts (PLD-C-001(2)) Tells the court and the other side that you contend that the other side owes you money based on one or more of several common business practices. Must be attached to a Complaint form to use.
Common counts may include claims of debt for goods sold and delivered, for work performed, for money loaned or advanced, for money paid requiring repayment, for money received on behalf of the plaintiff, or for money due on an account stated or on an open book account.
(a) A complaint or cross-complaint shall contain both of the following: (1) A statement of the facts constituting the cause of action, in ordinary and concise language. (2) A demand for judgment for the relief to which the pleader claims to be entitled.
How to File a Complaint with the California Attorney General By Phone: 916-322-3360. Toll-Free Phone Number: 1-800-952-5225. By Mail: Download, fill out, and mail this form to P.O Box 944255, Sacramento 94244. By FAX: Download, fill out, and fax this form): (916) 323-5341. Online: Submit complaint using their Online Form.
Counts refer to the basis for bringing a case, including each cause of action in civil cases or charge in criminal cases. Lawsuits can involve multiple counts in which someone can be held liable. For example, assault and battery are separate causes of action that often are both present in a lawsuit.
An account stated cause of action is based on an account stated in writing at a specified time and place between the creditor and the debtor of a specified and agreed on amount due. See, e.g., Tringali v. Vest (1951) 106 Cal. App.
The common count known as ?book account? or ?open book account? is based upon the indebtedness shown by a detailed statement kept by the creditor, which constitutes the principal record of one or more transactions between the creditor and the debtor.