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. In an open account, there is but one single and indivisible liability arising from the series of related and reciprocal debits and credits. This single liability is to be fixed at the time of settlement, or following the last pertinent entry of the account.
The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
In Georgia, a Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts is a legal document that is filed in court to initiate a lawsuit against a party who has failed to pay for goods sold and delivered. This type of complaint is commonly used in cases where there is no written contract and payment was expected immediately or within a specific period. The following are the key elements of a Georgia Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts: 1. Parties Involved: The complaint begins by identifying the plaintiff (the seller of goods) and the defendant (the buyer or debtor). 2. Jurisdiction and Venue: The complaint establishes that the court has jurisdiction over the matter and explains why the case falls within its jurisdiction. It also specifies the appropriate venue where the lawsuit should be heard. 3. Allegations of Oral or Implied Contract: The complaint outlines the circumstances and details of the oral or implied contract between the plaintiff and defendant. It includes information about the goods sold and delivered, the agreed-upon price, and any agreed payment terms. 4. Failure to Pay: The complaint asserts that the defendant has failed to make payment for the goods as agreed upon, despite repeated demands for payment. It may provide evidence such as invoices or other documentation that supports the claim of non-payment. 5. Open Account: The complaint establishes that the sale of goods created an open account between the parties, providing the plaintiff with a legal basis to seek payment. 6. Attorney's Fees Stipulation: The complaint includes a provision claiming attorney's fees as allowed by law or as stipulated in the agreement between the parties, adding potential repercussions for the defendant if they lose the case. 7. Breach of Contract Claims: The complaint asserts that the defendant's failure to pay constitutes a breach of oral or implied contract, causing financial harm to the plaintiff. 8. Damages Sought: The complaint specifies the amount of unpaid debt, including applicable interest, late fees, and any other damages incurred by the plaintiff due to the defendant's breach of contract. 9. Demand for Relief: The complaint concludes by requesting the court to order the defendant to pay the outstanding debt, along with any accrued interest, late fees, attorney's fees, and any other relief deemed appropriate by the court. It's important to note that there may not be different types of Georgia Complaints for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts. However, variations may exist based on specific circumstances or additional claims made by the plaintiff, such as fraud or misrepresentation, which would require the inclusion of additional elements or allegations within the complaint.
