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.
Suffolk New York Complaint for Amount Due for Work and Labor Done on Open Account Basis - Breach of Oral or Implied Contracts
State:
Multi-State
County:
Suffolk
Control #:
US-01242BG
Format:
Word;
Rich Text
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FAQ
Compromise is an agreement between opposing parties to settle a dispute or reach a settlement rather than continue the dispute or go to trial.
The most common means of enforcing a settlement agreement is to make a motion to enforce in the pending action under Code of Civil Procedure Section 664.6.
Negotiated Settlement - The parties may work out a satisfactory solution to most breaches of contract is resolved by the parties themselves through voluntary negotiated settlements. Arbitration - The parties may agree to submit their dispute to a neutral third party or parties to resolve the dispute.
A party that breaches a settlement agreement risks both being forced to complete the agreement and having to pay the legal costs of the party seeking to enforce the agreement.
A settlement agreement need be signed by only one of the parties to be enforceable under Code of Civil Procedure §664.6. The court can enforce a settlement pursuant to Code of Civil Procedure §664.6 if the parties state in the settlement agreement that the court will reserve jurisdiction.
If a party breaches the terms of the agreement, the other can bring a motion to enforce the consent to judgment. A consent to judgment can be an invaluable part of a mediated or negotiated settlement agreement since it disincentives a potential breach. It also makes enforcement more expeditious and less expensive.
A settlement agreement works by the parties coming to terms on a resolution of the case. The parties agree on exactly what the outcome is going to be. They put the agreement in writing, and both parties sign it. Then, the settlement agreement has the same effect as though the jury decided the case with that outcome.
It's very important for you to know and understand the wording of your Separation Agreement or your Minutes of Settlement because these words are binding.
A signed settlement agreement is a powerful document requiring the demonstration of an extreme condition to render it null and void. If a party wishes to back out of the settlement, then they must prove the existence of fraud, duress, coercion, or unconscionability.