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

Category:
Civil Actions - Complaints - Breach of Contract
State:
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

State Law contract actions in North Carolina are subject to a three-year statute of limitations. However, the statute of limitations is four years if the action involves a contract for the sale of goods. The statute of limitations can be extended for as long as ten years if the contract is signed under seal.

Five states?California, Colorado, Connecticut, Utah and Virginia?have enacted comprehensive consumer data privacy laws. The laws have several provisions in common, such as the right to access and delete personal information and to opt-out of the sale of personal information, among others.

This Act applies to every contract for goods or services entered into between a consumer and a merchant in the course of his business.

The North Carolina Unfair and Deceptive Trade Practices Act, for instance, regulates how entities tell consumers about the products they provide. And the Consumer Economic Protection Act helps parties resolve foreclosure issues for owner-occupied residential real estate.

Consumer laws also protect people from identity theft and other crimes that prey on consumers. North Carolina lemon law, for example, requires dealers to reimburse any customer whose automobile fails to meet basic quality and safety standards within the first 12 months after the date of purchase.

North Carolina's criminal statute of limitations is two years for most misdemeanors, and there is no statute of limitations for felonies or crimes classified as "malicious" misdemeanors.

We prefer that you file your complaint via our online form. If you would like to file a complaint via hard copy, please call us on our consumer assistance line at (919) 716-6000, and we will mail you a complaint form.

In order to establish breach of contract, a plaintiff must establish: 1) a valid and enforceable contract; 2) performance by the plaintiff; 3) breach by the defendant; and 4) injury arising as a result of defendant's breach.

In order to establish breach of contract, a plaintiff must establish: 1) a valid and enforceable contract; 2) performance by the plaintiff; 3) breach by the defendant; and 4) injury arising as a result of defendant's breach.

North Carolina has specific statutes regarding defective vehicles. A breach of the implied warranty of merchantability occurs when a product fails to perform in a manner that ordinary buyers of that particular product would expect.

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