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

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US-01248BG
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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.

A Georgia Complaint Against Guarantor of Open Account Credit Transactions — Breach of Oral or Implied Contracts is a legal action filed by a creditor seeking to hold a guarantor liable for a debtor's failure to fulfill their obligations in an open account credit transaction. This type of complaint is commonly used when there are breaches of oral or implied contracts related to credit agreements in the state of Georgia. In such a complaint, the plaintiff creditor alleges that the defendant guarantor agreed to be liable for the debtor's debts and breached their oral or implied contract by failing to fulfill their obligation. The creditor may seek damages equal to the outstanding amount owed along with any applicable interest, costs, and attorney fees. It's important to note that there aren't specific named types of Georgia Complaints Against Guarantor of Open Account Credit Transactions — Breach of Oral or Implied Contracts. However, each complaint will be unique as it involves specific details of the relationship between the creditor, debtor, and guarantor. The circumstances of the breach, the amount owed, and any other pertinent factors will depend on the specific case at hand.

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FAQ

An oral contract is legal and may be enforced by an action at law.

In order for the breach of contract lawsuit to succeed, you must prove that a contract existed between the two parties and that it was legally valid. You must also prove that the other party failed to fulfill its obligations and to follow the instructions specified in the contract.

An oral contract is a type of business contract that is outlined and agreed to via spoken communication, but not written down. Although it can be difficult to prove the terms of an oral contract in the event of a breach, this type of contract is legally binding.

An oral contract may be unenforceable if its subject matter falls under the Statute of Frauds, which requires certain contracts to be in writing and signed. Examples of contracts that must be in writing include: Consideration of marriage, including prenuptial and postnuptial agreements.

The statute of limitations on open accounts (implied promises or undertakings) is 4 years. O.C.G.A. § 9-3-25. The statute of limitations for auto contracts 4 is years because they fall under the Georgia UCC.

Generally, oral contracts will be enforced, so long as the basic elements of a contract are present: an offer, an acceptance, an exchange of consideration, and a meeting of the minds on the specific terms of a contract. Non-essential terms of the contract need not be settled to render an oral contract enforceable.

Sometimes, business partners or entities enter into oral agreements. Generally, oral agreements are enforceable and binding in the State of Georgia.

The Georgia statute of limitations for breach of written contract claims is six years. O.C.G.A. §9-3-24 Oral contracts only get four years.

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