Florida Acknowledgment by Debtor of Correctness of Account Stated
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How to fill out Acknowledgment By Debtor Of Correctness Of Account Stated?
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FAQ
A civil lawsuit maintained under thecommon lawto recover money owed on an account. The action on account was one of the ancient forms of action. Dating back to the thirteenth century, it offered a remedy for the breach of obligations owed by fiduciaries.
The cause of action for an account stated is based on the agreement of the parties to pay the amount due upon the accounting, and not any written instrument.
Account stated refers to a document summarizing the amount a debtor owes a creditor. An account stated is also a cause of action in many states that allows a creditor to sue for payment.
The cause of action of an account stated is based on principles of contract law. There must be an express or implied agreement between the creditor and debtor that the debtor owes the amount set forth in the account.
The elements of account stated are: (1) prior transactions between the parties which establish a debtor-creditor relationship; (2)an express or implied agreement between the parties as to the amount due; and (3) an express or implied promise from the debtor to pay the amount due.
An Account Stated establishes an implied contract, whereas a breach of contract traditionally refers to an expressly written contract. Account Stated is used when no contract exists or when the plaintiff cannot prove the existence of the contract.
Collections actions involving the sale of goods often include two varieties of ?account? claims in addition to traditional breach of contract theories: ?account stated? and ?open account.? Generally, an account stated claim alleges the failure to pay an agreed-upon balance, while an open account claim alleges an ...
