Georgia Acknowledgment by Debtor of Correctness of Account Stated

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Multi-State
Control #:
US-0036BG
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Word; 
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Description

An account stated must be based on the parties' mutual assent; it must appear, at the time of the statement, that indebtedness from one party to the other existed and that a balance was then struck and agreed to be the correct sum owing from the debtor to the creditor. There must be an exact, certain, and definite balance arrived at by the debtor and creditor.

Georgia Acknowledgment by Debtor of Correctness of Account Stated is a legal document that serves as evidence of the debtor's acknowledgment of the accuracy and correctness of an account statement provided by a creditor. It is used in financial and commercial transactions, particularly in cases where there is an existing debt that needs to be reconciled. This type of acknowledgment is often used when parties have had multiple financial transactions or agreements, and the creditor presents a summarized statement of all the transactions to the debtor. The purpose of this document is to obtain the debtor's verification and agreement to the correctness of the stated account, preventing any future disputes or misunderstandings. The Georgia Acknowledgment by Debtor of Correctness of Account Stated typically contains essential information such as the name and contact details of the debtor and creditor, the date on which the account stated was provided, and a detailed breakdown of the transactions, including the dates, amounts, and descriptions of each entry. The acknowledgment section is the most crucial part of the document, where the debtor explicitly confirms that they have reviewed, examined, and verified the statement's accuracy. There are no specific subtypes of Georgia Acknowledgment by Debtor of Correctness of Account Stated, as it is a general form used across various industries and situations. However, the document may vary in its content and structure based on the nature of the financial transactions, the complexity of the account statement, or any additional terms and conditions agreed upon by the debtor and creditor. Keywords: Georgia, acknowledgment, debtor, correctness, account stated, legal document, evidence, accuracy, creditor, financial transactions, debt, reconciled, commercial, summarized statement, verification, agreement, disputes, misunderstandings, name, contact details, date, breakdown, entries, reviewed, examined, verified, industries, situations, content, structure, nature, complexity, terms, conditions.

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FAQ

Georgia law stipulates that written contracts have a statute of limitations of six years from when the debt became due and payable. On the other hand, oral breaches and open accounts have a statute of limitations of only four years from the date of default.

In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.

A debt collection lawsuit can potentially be resolved with debt settlement. You can do this on your own or hire a debt settlement attorney to help. You can make a payment plan with the creditor to pay off the sum of the debt or partially pay the sum in a lump-sum settlement.

Tips for Filing a Legal Response to a Debt LawsuitNever admit debt liability.Always make the creditor prove the debt.Force the creditor to prove your responsibility for the debt.File the official Answer with the Clerk of Court.Ask for a stamped copy of the Answer from the Clerk of Court.More items...?

When you respond, tell the judge if anything the collector says isn't true and if there are reasons why you should not have to pay. Georgia requires you to do this in writing. Try to get a lawyer to represent you, but if you can't, don't be afraid to ask court employees questions about the legal process.

The creditor has to prove who the borrower is These include: Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt.

If you decide to file a response, you must file it in the same courthouse where the lawsuit was filed. The address should be on the papers you were served by the plaintiff. Make sure you take your original plus at least 2 copies to the clerk's office to file. You will have to pay a filing fee to file your papers.

Traditionally a very creditor-friendly state, Georgia courts have recently become much tougher on debt buyers, specifically with regard to assignment issues. In Georgia, a party may assign a contractual right to a third party.

Filing Your Answer. Contact the clerk's office of the court where the lawsuit was filed. You'll find a phone number and address for the clerk's office on your summons. The clerk will be able to tell you exactly what documents you should file with your answer and whether any filing fee is required.

Statute of Limitations and Your Credit ReportCollection accounts can remain on your report for seven years and 180 days from the original delinquency. Depending on the type of account and your location, this can be more than or less than the statute of limitations.

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Georgia Acknowledgment by Debtor of Correctness of Account Stated