Account Stated Statement For Visa Application In Bronx
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Although California courts have not yet weighed in on the issue, “federal courts applying California law have concluded that monthly credit card statements may form the basis for an account stated,” notwithstanding the existence of a written cardholder agreement. (Lauron, supra, 8 Cal.
Essentially, an account stated is a new contract under which the parties to prior transactions agree to a new balance due. 6. Thus, a claim for an account stated is based not on the original transactions between the parties, but on the new, agreed upon contractual balance.
To establish an “accounts stated” claim, the plaintiff must show that (1) the plaintiff provided the defendant with the statements or invoices, and (2) the defendant “accepted” them by failing to object within a reasonable time. See Vebeliunas v. Overstrom, No. 160255/2016, 2017 WL 4517082, 2 (N.Y.
An Account Stated establishes an implied contract, whereas a breach of contract traditionally refers to an expressly written contract. Account Stated is used when no contract exists or when the plaintiff cannot prove the existence of the contract.