New York Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts

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US-01248BG
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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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  • Preview Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts
  • Preview Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts
  • Preview Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts

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FAQ

What Is Consumer Debt? Consumer debt consists of personal debts that are owed as a result of purchasing goods that are used for individual or household consumption. Credit card debt, student loans, auto loans, mortgages, and payday loans are all examples of consumer debt.

The term ?consumer credit transaction? means a transaction wherein credit is extended to an individual and the money, property, or service which is the subject of the transaction is primarily for personal, family or household purposes.

B) FOR THE PURPOSE OF THIS SECTION "CONSUMER DEBT" MEANS ANY OBLI- GATION OR ALLEGED OBLIGATION OF ANY NATURAL PERSON TO PAY MONEY ARISING OUT OF A TRANSACTION IN WHICH THE MONEY, PROPERTY, INSURANCE OR SERVICES WHICH ARE THE SUBJECT OF THE TRANSACTION ARE PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, WHETHER ...

The New York statute of limitations for consumer debt is three years. This means creditors or debt collectors have three years to try to collect on an unpaid debt or sue you for a debt.

The term ?consumer credit transaction? means a transaction wherein credit is extended to an individual and the money, property, or service which is the subject of the transaction is primarily for personal, family or household purposes.

On November 8, 2021, New York Governor Kathy Hochul signed into law the Consumer Credit Fairness Act (the Act). The Act provides new requirements and prohibitions for debt collection in New York State and reduces the statute of limitations on suits filed by creditors from six years to three years.

The term ?consumer credit transaction? means any transaction in which credit is offered or extended to an individual for personal, family, or household purposes.

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New York Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts