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

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Multi-State
Control #:
US-01248BG
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Word; 
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Description

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.

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FAQ

Most oral contracts are binding; however, they are much harder to prove. If a breach of contract occurs, and you have to rely on Iowa Contract Law for enforcement, you will need to prove the existence of a valid, enforceable contract.

(Article 9) Except as used in "account for", means a right to payment of a monetary obligation, whether or not earned by performance, ? for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, ? for services rendered or to be rendered, ? for a policy of insurance issued or to ...

To prove a breach of contract the moving party must show ?(1) the existence of a contract; (2) the terms and conditions of the contract; (3) that [the moving party] has performed all the terms and conditions required under the contract; (4) [the opposing party] breach of the contract in some particular way; and (5) ...

Article 9 of the UCC governs any transaction that is voluntary and commercial and which creates an interest in personal property. Personal property may include fixtures, which are personal property that is attached to real property, such as a furnace.

Article 9 definitions. In this Article: a. ?Accession? means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost.

Iowa Code 537.7102(3) ?Debt? means an actual or alleged obligation arising out of a consumer credit transaction, consumer rental purchase agreement, or a transaction which would have been a consumer credit transaction either if a finance charge was made, if the obligation was not payable installments, if a lease was ...

Article 9 is a section under the UCC governing secured transactions including the creation and enforcement of debts. Article 9 spells out the procedure for settling debts, including various types of collateralized loans and bonds.

The main point of Article 9 is to be a secured creditor: If a creditor is secured it has a claim in something of the buyer's (the goods exchanged for future payment or other collateral). This gives the creditor: Right of repossession of goods extended in exchange for future payment if the payment is never made.

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