An action to recover on an open account is one usually based on an implied or oral contract. Ordinarily, it is not necessary to specify all the individual items that make up the account balance due. Some jurisdictions authorize a short form of pleading that allows a copy of the written statement to be attached, specifying only that a certain sum is due the plaintiff from the defendant. 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.
New York Complaint for Amount Due for Goods Sold and Delivered Pursuant to an Open Account
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US-01240BG
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How to fill out Complaint For Amount Due For Goods Sold And Delivered Pursuant To An Open Account?
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FAQ
An account stated cause of action is based on an account stated in writing at a specified time and place between the creditor and the debtor of a specified and agreed on amount due. See, e.g., Tringali v. Vest (1951) 106 Cal. App.
?Account stated? is a cause of action for payment where one party sent an invoice to the other and the recipient of the invoice failed to object within a reasonable period. By failing to timely object, the recipient of an invoice may be liable for the entire amount of the invoice.
Collections actions involving the sale of goods often include two varieties of ?account? claims in addition to traditional breach of contract theories: ?account stated? and ?open account.? Generally, an account stated claim alleges the failure to pay an agreed-upon balance, while an open account claim alleges an ...
The cause of action of an account stated is based on principles of contract law. There must be an express or implied agreement between the creditor and debtor that the debtor owes the amount set forth in the account.
The cause of action for an account stated is based on the agreement of the parties to pay the amount due upon the accounting, and not any written instrument.
The takeaway is that a timely objection to an account statement with a disputed balance will go a long way to defeat a claim based on the theory of account stated.
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.
