Louisiana Petition on Open Account
Understanding this form
The Petition on Open Account is a legal document used to initiate a lawsuit for the recovery of debts owed under an open account. This form is specifically designed to inform the court and debtor about the amount owed, previous collection attempts, and the petitioner's request for a judgment that includes the total debt, legal interest, attorney's fees, and court costs. It is distinct from other forms of debt collection documents as it establishes a formal legal claim against the debtor in a court of law.
Main sections of this form
- Petitioner and defendant identification: Includes names and domiciles of involved parties.
- Debt description: Specifies the amount owed and the nature of the debt.
- Supporting evidence: Attachments of invoices serve to substantiate the claim.
- Collection attempts: Details previous efforts made to collect the debt.
- Judgment request: States the total amount sought, including principal, interest, fees, and costs.
Common use cases
This form should be used when a creditor wishes to formally pursue a debtor who has failed to pay for goods or services received on credit. It is applicable in situations where amicable attempts to collect the debt have been unsuccessful, and the creditor seeks legal recourse through the court system.
Who this form is for
- Businesses or individuals who have extended credit to a debtor.
- Creditors who have made attempts to collect debts through other means without success.
- Legal representatives or attorneys filing on behalf of a creditor seeking recovery of a debt.
Steps to complete this form
- Identify the petitioner and defendant by filling in their names and respective domiciles.
- Specify the total amount of the debt owed in both numerals and words.
- Attach relevant invoices as evidence of the debt and reference them in the petition.
- List previous collection attempts, including methods of contact and dates.
- Complete the prayer for relief section by stating the total amount sought and itemizing additional costs.
Notarization requirements for this form
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Avoid these common issues
- Failing to attach supporting invoices, which are crucial for substantiating the claim.
- Incorrectly filling out the names or domiciles of the petitioner or defendant.
- Neglecting to provide a clear account of previous collection attempts.
- Using ambiguous language in describing the debt amount or terms.
Benefits of completing this form online
- Convenient access to a professionally drafted legal form that meets jurisdictional standards.
- Editable without the need for physical paperwork, allowing users to customize their petition easily.
- Reliable legal content reviewed by licensed attorneys to ensure accuracy and compliance.
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FAQ
Don't ignore it. If you do this, the court will simply rule in the issuer or debt collector's favor. Try to work things out. Answer the summons. Consult an attorney. Go to court. Respond to the ruling.
Provide the name of the court at the top of the Answer. You can find the information on the summons. List the name of the plaintiff on the left side. Write the case number on the right side of the Answer. Address the Judge and discuss your side of the case. Ask the judge to dismiss the case.
You can file an answer or a general denial. Filing an answer. You can file a motion In certain situations, you can respond to the lawsuit by filing a motion (a request) that usually tells the court that the plaintiff made a mistake in the lawsuit. Talk to a lawyer!
Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.
Filing an An answer is a formal statement, in writing, of your defense to the lawsuit. You can say that what the plaintiff claims is not true. Or you can say it is true but give more information and reasons to defend your actions or explain the situation.
Provide the name of the court at the top of the Answer. You can find the information on the summons. List the name of the plaintiff on the left side. Write the case number on the right side of the Answer. Address the Judge and discuss your side of the case. Ask the judge to dismiss the case.
Contact the clerk's office of the court where the lawsuit was filed. You'll find a phone number and address for the clerk's office on your summons. The clerk will be able to tell you exactly what documents you should file with your answer and whether any filing fee is required.
Fill out your court forms. Have your forms reviewed. Make at least 2 copies of all your forms. File your forms with the court clerk. Serve your papers on the other parent. File your Proof of Service. Go to your court hearing.
Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away. And it could result in the court awarding a money judgment against you by default. That can lead to your wages being garnished, your bank accounts attached, or your property being taken!
