Virgin Islands Demand for Payment of an Open Account by Creditor

State:
Multi-State
Control #:
US-0245BG
Format:
Word; 
Rich Text
Instant download

Description

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. Finally, the balance must be mutually agreed on by the parties or implicitly imposed on them by law.

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FAQ

Post-judgment interest is provided for under the Judgments Act at 5% per year from judgment until payment.

Contract and tort claims: six years from the date on which the cause of action accrued. Claims brought in respect of deeds: 12 years from the date of breach of the obligation under the deed.

Under the Judgments Act 1907, domestic judgment debts carry interest at a rate of 5% a year from the date of judgment until satisfaction of the debt. Foreign judgments will carry the same rate of interest under the Judgements Act, unless the BVI court decides to accept a rate of interest applied by the foreign court.

A foreign judgment that cannot be registered under the Reciprocal Enforcement of Judgments Act 1922 can be enforced by way of a claim. The cause of action is one of a simple contract debt, based on the foreign judgment, and the claim is commenced like any other claim originating in the BVI.

Post-judgment interest is provided for under the Judgments Act at 5% per year from judgment until payment.

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Virgin Islands Demand for Payment of an Open Account by Creditor