Utah Acknowledgment by Debtor of Correctness of Account Stated

State:
Multi-State
Control #:
US-0036BG
Format:
Word; 
Rich Text
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Description

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 existed and that a balance was then struck and agreed to be the correct sum owing from the debtor to the creditor. There must be an exact, certain, and definite balance arrived at by the debtor and creditor.

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FAQ

Acknowledgement of debt This document records the existence and amount of the debt and why it arose. In the acknowledgement of debt, which the debtor must sign, the debtor must acknowledge their indebtedness and legal liability to pay the debt to the creditor.

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

Under United States law, account stated is a statement between a creditor (the person to whom money is owed) and a debtor (the person who owes) based upon a series of prior transactions that a particular amount is owed to the creditor as of a certain date.

An Acknowledgment of Debt is a contract which both a debtor and creditor sign acknowledging that a debtor is indebted to the creditor and for how much as well as setting out the payment terms of paying off the debt owed.

Under California law, "an 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

An acknowledgment of a debt or liability by a debtor in writing or a partial payment of the outstanding dues, during the subsisting period of limitation, extends the period of limitation. There are several cases pending before the Supreme Court in which these issues have cone up for consideration.

'In principle, . . .a document is liquid if it demonstrates, by' its terms, an unconditional acknowledgement of indebtedness in a fixed or ascertainable amount of money due to the plaintiff.

Do hereby acknowledge that I am truly and lawfully indebted to 202620262026202620262026202620262026202620262026202620262026202620262026202620262026 I hereby bind myself to pay the full amount of the said capital by not later than 202620262026202620262026202620262026202620262026202620262026202620262026202620262026202620262026 (insert final date of repayment) Interest will be charged should payment not be received on the due date.

In most states, the requirement to acknowledge a debt and revive or extend the statute of limitations is dependent upon you making a written promise to pay with your signature included. In some states, this written acknowledgement and promise to pay alone will not renew the statute of limitations.

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Utah Acknowledgment by Debtor of Correctness of Account Stated