Colorado Acknowledgment by Debtor of Correctness of Account Stated

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Multi-State
Control #:
US-0163BG
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Word; 
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Description

An account stated is a statement between a creditor and a debtor based upon a series of prior transactions. Hence, an account stated arises when a particular amount is owed to the creditor by the debtor as of a certain date. An account stated refers to either an agreement itself or to the assent giving rise to the agreement. The agreement to pay the balance amount can be either express or implied. When the agreement to pay is in the nature of a computation, then it is called account stated.

Colorado Acknowledgment by Debtor of Correctness of Account Stated is a legal document used in Colorado to confirm the accuracy of an account statement. This acknowledgment serves as evidence that the debtor recognizes the statement's correctness and agrees to its contents. The Colorado Acknowledgment by Debtor of Correctness of Account Stated is crucial for businesses or individuals who provide goods or services on credit, as it helps protect their rights in case of disputes or non-payment. By signing this acknowledgment, debtors confirm that they have received the account statement and agree that it accurately reflects their financial obligations. It's important to note that there are no specific variations or types of Colorado Acknowledgment by Debtor of Correctness of Account Stated, as it primarily serves a single purpose — confirming the accuracy of an account statement. However, there may be slight variations in the format or layout of the acknowledgment based on the preferences of the parties involved or the document's purpose (e.g., personal or business account). To create an effective Colorado Acknowledgment by Debtor of Correctness of Account Stated, the following relevant keywords and information should be included: 1. Parties involved: Clearly state the names and contact information of both the debtor and the creditor. 2. Date of acknowledgment: Include the date on which the debtor signs the document to validate its accuracy. 3. Account details: Provide a detailed description of the account being acknowledged, including the account number, statement period, and any outstanding balances or payments due. 4. Acknowledgment statement: Clearly state that the debtor acknowledges the correctness of the account statement, agrees to its contents, and confirms their intention to fulfill their financial obligations. 5. Signature and notarization: Provide space for the debtor's signature and date, followed by a section for a notary public to notarize the document for legal validation. 6. Witness information: If required or preferred, include space for one or more witness signatures to further authenticate the acknowledgment. 7. Governing law: Mention that the acknowledgment is governed by the laws of the state of Colorado, ensuring its enforceability in the appropriate jurisdiction. Remember to consult a legal professional or use reputable legal document services to ensure compliance with Colorado's specific requirements for the Acknowledgment by Debtor of Correctness of Account Stated.

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FAQ

Under California law, "[a]n account stated is an agreement, based on prior transactions between the parties, that the items of an account are true and that the balance struck is due and owing."4 The three elements of the claim are 1) previous transactions between the parties establishing the relationship between debtor ...

The elements of an accounts stated claim are (1) A previous transaction that created a liability; (2) An agreement by the Defendant that the balance is due and correct; (3) A promise has been made, either expressly or implicitly, to pay the balance; (4) The balance remains unpaid.

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.

There are three elements of an account stated claim: (1) the account was presented, (2) by mutual agreement, it was accepted as correct, and (3) the debtor promised to pay the amount so stated. The second and third elements may be shown by the debtor's failure to object to the stated amount within a reasonable time.

Collections actions involving the sale of goods often include two varieties of ?account? claims in addition to traditional breach of contract theories: ?account stated? and ?open account.? Generally, an account stated claim alleges the failure to pay an agreed-upon balance, while an open account claim alleges an ...

Account stated refers to a document summarizing the amount a debtor owes a creditor. An account stated is also a cause of action in many states that allows a creditor to sue for payment.

Account stated refers to a document summarizing the amount a debtor owes a creditor. An account stated is also a cause of action in many states that allows a creditor to sue for payment.

The elements of account stated are: (1) prior transactions between the parties which establish a debtor-creditor relationship; (2)an express or implied agreement between the parties as to the amount due; and (3) an express or implied promise from the debtor to pay the amount due.

No. However, the plaintiff does have to prove a potential right under a preexisting relationship. Conceptually, an Account Stated forms a new, implied contract based on the old contract. It's a second cause of action for an implied contract.

More info

Colorado Acknowledgment by Debtor of Correctness of Account Stated Find state-specific forms and documents on US Legal Forms — the biggest online catalogue ... An account stated must be based on the parties' mutual assent; it must appear, at the time of the statement, that indebtedness from one party to the other ...by EJ Turnbull · 2013 · Cited by 7 — One attorney who represents defendants in collection actions argues that account stated was abolished in 1984 with the abolition of common law pleading in ... I certify that this is a true and correct copy of a record in the possession of . Dated. (Notary's official signature). (Title of office). (Commission ... They watch the signing and fill out the notarial certificate, but omit the most important part of a jurat, the administration of the oath or affirmation. In ... Debt collectors must provide you with certain information, often in the form of a debt validation letter, including how to dispute the debt. Sep 10, 2021 — An Account Stated is a manifestation of assent by a debtor and a creditor to a stated sum as an accurate computation of an amount due to the ... Feb 24, 2010 — ACCOUNT STATED CAUSE OF ACTION. "An account stated is an acknowledgement of the existing condition of liability between the parties." Rizkalia v ... Dec 1, 2021 — security number of the debtor or other personal identifiers, the Clerk will file said petition or document as tendered without taking any ... Sep 21, 2009 — The primary federal law governing third-party debt collection is the Fair Debt. Collection Practices Act (FDCPA), which contains provisions on ...

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Colorado Acknowledgment by Debtor of Correctness of Account Stated