Michigan Affidavit of Amount Due on Open Account

State:
Multi-State
Control #:
US-01171
Format:
Word; 
Rich Text
Instant download

Description

This form is an affidavit of amount due in open court. The plaintiff swears to the facts of the debt allegedly owed by the defendant. Adapt to fit your circumstances.
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FAQ

Michigan Supreme Court Rules that an Action on an Account Stated or Open Account is Subject to Six-Year Statute of Limitations.

A notice of lis pendens is a legal document recorded in the chain of title to real property at the local register of deeds that gives notice to everyone that said property is the subject matter of a lawsuit.

An account stated is formed when either (1) the parties expressly agree upon the sum due or (2) the party receiving the account does not object within a reasonable time, in which case the receiving party's assent is inferred. Id.

There is a failure of consideration when one party commits an initial substantial breach and then tries to enforce the contract against the other party for a subsequent failure to perform. Parties may rescind a contract when there is a failure to perform a substantial part of the contract or one of its essential terms.

The affidavit of meritorious defense shall certify that the health professional has reviewed the complaint and all medical records supplied to him or her by the defendant's attorney concerning the allegations contained in the complaint and shall contain a statement of each of the following: (a) The factual basis for ...

To show that a benefit would unjustly enrich the defendant, the plaintiff must establish that the defendant received a benefit from the plaintiff, and that it would be inequitable for the defendant to keep the benefit.

(1) An oath or affidavit other than an oath taken by a witness or a juror in a trial, or an oath required by law to be taken before a particular officer, may be taken before a justice, judge, or clerk of a court, or before a notary public.

Material breaches occur when a defendant fails to perform an important obligation under the contract and that causes the contract to be ?irreparably broken.? A material breach makes it impossible for the other party to perform their obligations under the contract.

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Michigan Affidavit of Amount Due on Open Account