North Carolina Acknowledgment by Debtor of Correctness of Account Stated

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US-0163BG
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An account stated is a statement between a creditor and a debtor based upon a series of prior transactions. Hence, an account stated arises when a particular amount is owed to the creditor by the debtor as of a certain date. An account stated refers to either an agreement itself or to the assent giving rise to the agreement. The agreement to pay the balance amount can be either express or implied. When the agreement to pay is in the nature of a computation, then it is called account stated.

North Carolina Acknowledgment by Debtor of Correctness of Account Stated is a legal document designed to acknowledge the accuracy and validity of an account statement provided by a creditor. This acknowledgment serves as evidence that the debtor has reviewed the account statement and agrees that the information stated therein is correct. In North Carolina, there are different types of Acknowledgment by Debtor of Correctness of Account Stated, which include: 1. Individual Debtor Acknowledgment: This form is used when an individual debtor acknowledges the correctness of their personal account statement, typically related to personal loans, credit cards, or any other individual debts. 2. Business Debtor Acknowledgment: This acknowledgment is used when a business debtor verifies the accuracy of their account statement, which may include accounts payable, outstanding invoices, or any other business-related debts. 3. Joint Debtor Acknowledgment: If there are multiple debtors involved, this form is employed to ensure that all parties acknowledge and confirm the correctness of the joint account statement. This can be applicable for shared debts, such as joint loans or joint credit card accounts. The North Carolina Acknowledgment by Debtor of Correctness of Account Stated is an essential legal document that helps protect the rights of both creditors and debtors. By signing this acknowledgment, debtors confirm their awareness and acceptance of the stated account information, limiting their ability to dispute the accuracy of the account statement in the future. This acknowledgment also provides creditors with additional legal security, as it serves as evidence that the debtor has acknowledged the correctness of the account statement, reducing the likelihood of potential disputes or discrepancies. It is important to note that the North Carolina Acknowledgment by Debtor of Correctness of Account Stated should be signed voluntarily and without any coercion. This ensures that debtors fully understand the implications of their acknowledgment and bear the responsibility for any consequences resulting from this agreement. If any discrepancies or errors are discovered after signing this acknowledgment, debtors should promptly notify the creditor to rectify the situation and ensure the account statement is accurately updated. Open communication between both parties is essential to maintain transparency and fairness during the debt settlement process. In conclusion, the North Carolina Acknowledgment by Debtor of Correctness of Account Stated is a crucial legal document that serves to confirm the accuracy of account statements, providing protection for both creditors and debtors. By acknowledging the correctness of the account statement, debtors acknowledge their responsibility for the stated debts, thereby fostering transparency and trust in the creditor-debtor relationship.

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The elements of account stated are: (1) prior transactions between the parties which establish a debtor-creditor relationship; (2)an express or implied agreement between the parties as to the amount due; and (3) an express or implied promise from the debtor to pay the amount due.

Under California law, "[a]n account stated is an agreement, based on prior transactions between the parties, that the items of an account are true and that the balance struck is due and owing."4 The three elements of the claim are 1) previous transactions between the parties establishing the relationship between debtor ...

Account stated refers to a document summarizing the amount a debtor owes a creditor. An account stated is also a cause of action in many states that allows a creditor to sue for payment.

Account stated refers to a document summarizing the amount a debtor owes a creditor. An account stated is also a cause of action in many states that allows a creditor to sue for payment.

Specifically, an action on account is appropriate if the parties have conducted a series of transactions for which a balance remains to be paid. The plaintiff has the burden of making a case by proving an offer, an acceptance, consideration, correctness of the account, and the reasonableness of the charges.

An Account Stated establishes an implied contract, whereas a breach of contract traditionally refers to an expressly written contract. Account Stated is used when no contract exists or when the plaintiff cannot prove the existence of the contract.

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So, if you wish to download or print out another duplicate, just proceed to the My Forms area and then click around the type you will need. Gain access to the ... An account stated must be based on the parties' mutual assent; it must appear, at the time of the statement, that indebtedness from one party to the other ...Apr 12, 2018 — – Creditor calculated the balance due;. – Creditor submitted a statement to the debtor;. – Debtor “acknowledged” the correctness of that ... A. Account Stated: An account becomes stated and binding on the creditor and the debtor, if after receiving the account statement from the creditor, the. Sep 10, 2021 — An Account Stated is a manifestation of assent by a debtor and a creditor to a stated sum as an accurate computation of an amount due to the ... (3) "Account debtor" means a person obligated on an account, chattel paper, or general intangible. The term does not include persons obligated to pay a. Shores, 220 N.C.429, 431, 17 S.E.2d 503,504 (1941)). A party to be charged may also acknowledge thecorrectness of a statement by failing to object within a ... (a) Each person, firm, or corporation licensed as a collection agency in North Carolina shall keep a full and correct record of all business done in this State ... I,. , a Notary Public for said County and. State, do hereby certify that. personally appeared before me this day and acknowledged the due execution of the. BUT if you use the “cram down method” any lien holder can exercise its rights under N.C.G.S. § 44-50.1. Lien holder can request a certification with ...

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North Carolina Acknowledgment by Debtor of Correctness of Account Stated