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

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Multi-State
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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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  • Preview Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts
  • Preview Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts
  • Preview Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts

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FAQ

Generally, per Indiana Code 35-41-4-2, prosecution for an offense is forbidden unless it is commenced within five years after the commission of a Level 3, 4, 5, or 6 Felony offense. For misdemeanor offenses, the statute of limitations is two years after the commission of the offense.

In Indiana, the answer is: It depends. As a general rule, contracts should have a valid signature?that being said, some unsigned agreements are still enforceable.

4 Elements of a Breach of Contract Claim (and more) The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.

In most cases they will simply have to show that the other party was aware of the existence of the standard terms and conditions. Such evidence typically consists of correspondence referring to the standard terms and conditions or reference to them on order forms.

Demonstrate the required elements. Under Indiana law, the three elements of a breach of contract claim are (1) the existence of a contract, (2) the defendant's breach thereof, and (3) damages suffered as a result.

A claim under a breach of implied warranty of habitability is subject to the six (6) year statute of limitations under Ind. Code § 34-11-2-7, which is a discovery-based statute.

Duty to Provide Payoff Amount; Liability for Failure to Provide; Prepayment Penalty Prohibited for Adjustable Rate Mortgages; Short Sales; Foreclosed Property; No Protection From Deficiency Judgment.

The statute of limitations for breach of oral or written professional services contracts is two (2) years. The statute of limitations for breach of all other types of oral contracts is six (6) years. The statute of limitations for breach of all other written contracts is ten (10) years.

Sec. 506. (1) An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within four (4) years after the cause of action accrued.

Under Indiana law, the three elements of a breach of contract claim are (1) the existence of a contract, (2) the defendant's breach thereof, and (3) damages suffered as a result.

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