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. In an open account, there is but one single and indivisible liability arising from the series of related and reciprocal debits and credits. This single liability is to be fixed at the time of settlement, or following the last pertinent entry of the account.
The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
A North Carolina Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees is a legal document filed by a plaintiff against a defendant for breach of an oral or implied contract related to the sale and delivery of goods. This type of complaint seeks payment for the goods delivered and may also include a stipulation for the plaintiff's attorney fees. Here are some key points to consider when filing a North Carolina Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts: 1. Parties involved: The complaint should clearly identify the plaintiff (the party bringing the legal action) and the defendant (the party being sued) along with their complete names and contact details. 2. Jurisdiction and venue: It is important to state that the lawsuit falls under the jurisdiction of North Carolina and to identify the specific county where the lawsuit is being filed, ensuring it is the appropriate venue. 3. Breach of oral or implied contracts: Describe how the defendant breached the oral or implied contract by failing to make payment for the goods delivered. Include relevant details such as the date of the contract, the terms and conditions of the agreement, and any correspondence or invoices exchanged between the parties. 4. Open account for goods sold and delivered: Specify that an open account was established between the plaintiff and defendant. Include information about the goods sold, such as the description, quantity, and price. Provide evidence, such as invoices, delivery receipts, or other relevant documentation that supports the goods' sale and delivery. 5. Payment demand: State the specific amount owed by the defendant for the goods sold and delivered. Include any interest or late fees if applicable. Request full payment of the outstanding balance owed. 6. Stipulation for attorney's fees: Include a stipulation that in the event of a successful lawsuit, the defendant shall be responsible for paying the plaintiff's reasonable attorney's fees and costs incurred. Make reference to the relevant North Carolina statutes that allow for the recovery of attorney's fees for breach of contract cases. 7. Conclusion and relief sought: Conclude the complaint by requesting judgment in favor of the plaintiff for the amount owed, plus interest, late fees, and attorney's fees. State any additional relief sought, such as prejudgment interest, court costs, or any other applicable damages. It is important to note that variations of this type of complaint might exist based on the unique circumstances of each case. Therefore, it is advisable to consult with a qualified attorney or legal professional to ensure the specific requirements and guidelines are followed when filing a North Carolina Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts.
