Hawaii Demand for Payment of an Open Account by Creditor

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Multi-State
Control #:
US-0245BG
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Word; 
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Description

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. Finally, the balance must be mutually agreed on by the parties or implicitly imposed on them by law.

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FAQ

Open accounts/written contracts: The Hawaii statute of limitations on open accounts and written contracts is six years. Credit card accounts, loans that do not fall within the ambit of the Uniform Commercial Code, and debts arising under other written agreements all fall under the same six year statute of limitations.

Typical debt settlement offers range from 10% to 50% of the amount you owe. Creditors are under no obligation to accept an offer and reduce your debt, even if you are working with a reputable debt settlement company.

Can debt collectors see your bank account balance? A judgment creditor cannot see your online account balances. But a creditor can ascertain account balances using post-judgment discovery. The judgment creditor can subpoena a bank for bank statements or other records which reveal a typical balance in the account.

?Offering 25%-50% of the total debt as a lump sum payment may be acceptable. The actual percentage may vary depending on the circumstances of the borrower as well as the prevailing practices of that particular collection agency.? One benefit of negotiating settlement terms is likely to reduce stress.

A creditor is a someone to whom you owe a debt. If someone owes you money, you are a creditor of that person. If you can't pay a debt when it's due, the creditor may try to collect the debt by sending you a demand for payment, or the creditor may assign the debt to a debt collection agency.

Although the average settlement amounts to 48% of what you originally owed, that number is a bit skewed. If your debts are still with the original creditor, settlement amounts tend to be much higher. You can end up paying up to 80% of what you owe if the debt is still with the original creditor.

While one agency may accept one-third of what you owe, another one may require 75% of your full debt amount. Before you suggest a lump-sum amount, determine the maximum amount you can afford and don't budge. Start with a low offer, such as 25% of the debt you owe, and work toward a middle ground.

Some want 75%?80% of what you owe. Others will take 50%, while others might settle for one-third or less. If you can afford it, proposing a lump-sum settlement is generally the best option?and the one most collectors will readily agree to.

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Hawaii Demand for Payment of an Open Account by Creditor