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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.
The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
- View Complaint for Refusal to Pay Debt - Breach of Oral or Implied Contracts
- View Complaint for an Accounting Claim
- View Alternative Complaint for an Accounting which includes Egregious Acts
- View Complaint for Damages Against Private School and Others by Guardians of Minor for Fraud, Breach of Contract, and Conspiracy
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