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.
A Colorado Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts is a legal document that initiates a lawsuit against a debtor who has failed to pay for goods purchased on credit. This type of complaint is commonly used when there is a breach of an oral or implied contract, where the parties involved did not have a written agreement. The primary purpose of this complaint is to compel the debtor to pay their outstanding balance and associated fees, typically stipulated in the contract, while also seeking reasonable attorney's fees incurred during the legal proceedings. By filing this complaint, the plaintiff seeks to hold the debtor accountable for their contractual obligations and recover any losses caused by the breach. In Colorado, there are a few different variations of the Complaint for Open Account for Goods Sold and Delivered, including: 1. Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral Contract: This type of complaint is filed when the parties have formed an oral contract, which was breached due to non-payment for goods sold and delivered. The plaintiff alleges that the debtor failed to uphold their side of the oral agreement and seeks damages along with attorney's fees. 2. Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Implied Contract: This complaint variant is used when the contractual relationship between the parties is implied, rather than explicitly stated. It asserts that the debtor agreed to pay for goods sold and delivered, as evidenced by their actions, conduct, or course of dealing. The plaintiff claims damages resulting from the debtor's breach of the implied contract, along with attorney's fees. Regardless of the specific variation, a Colorado Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts typically includes pertinent information such as the names and addresses of both parties, a detailed description of the goods sold and delivered, the agreed-upon price, the outstanding balance, the breach of contract, and the requested relief sought. It's important to consult with a qualified attorney to understand the specific legal requirements, procedures, and potential remedies available based on the circumstances of your case. This content provides a general overview and should not be taken as legal advice.
