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.
Vermont Complaint for Amount Due for Work and Labor Done on Open Account Basis — Breach of Oral or Implied Contracts is a legal document used to initiate a lawsuit against a debtor who owes money for services or labor performed on an open account basis, based on either an oral agreement or an implied contract. Here's a detailed description of this complaint type in Vermont, along with relevant keywords: 1. Purpose of the Complaint: The purpose of filing a Vermont Complaint for Amount Due for Work and Labor Done on Open Account Basis is to seek a legal remedy for the unpaid amount owed by the debtor for services or labor provided by the plaintiff. This complaint acts as a formal request to the court to enforce the payment of the outstanding balance. 2. Parties Involved: The complaint typically involves two parties—the plaintiff, who is the individual or business entity seeking payment, and the defendant, who is the debtor that failed to fulfill their payment obligations. 3. Breach of Oral or Implied Contracts: The complaint revolves around the breach of an oral or implied contract between the plaintiff and the defendant. An oral contract refers to an agreement made verbally, while an implied contract arises when there is an unspoken understanding between the parties. 4. Open Account Basis: The services or labor performed on an open account basis means that there is no specific agreement regarding the payment terms or deadlines. Instead, the plaintiff and defendant establish a running account, where the services are rendered or labor is provided continuously, and the payment is expected as the work progresses. 5. Explanation of the Work or Labor Done: The complaint should include a detailed description of the work or labor done by the plaintiff, providing evidence of the services rendered and their value. It should clearly outline the nature of the services and how they relate to the defendant's obligations. 6. Amount Due: The complaint must specify the exact amount due, including any interest, late fees, or other charges that the plaintiff is entitled to under the agreement or applicable law. It is crucial to substantiate the claimed amount with supporting documentation such as invoices, timesheets, or any other relevant records. 7. Legal Grounds and Relief Sought: The complaint should cite the legal grounds for the claim, such as breach of contract or unjust enrichment. Additionally, it should request specific relief sought, which typically involves an order for the defendant to pay the outstanding balance along with any applicable damages or costs. Different types of Vermont Complaints for Amount Due for Work and Labor Done on an Open Account Basis — Breach of Oral or Implied Contracts might categorize the claims based on the amount owed, specific industries involved, or other factors that distinguish them from one another. However, the core elements of the complaint as described above remain consistent.