Hawaii Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts

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Multi-State
Control #:
US-01248BG
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Word; 
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Description

An open account is an account based on continuous dealing between the parties, which has not been closed, settled or stated, and which is kept open with the expectation of further transactions. 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. This form is a complaint against a guarantor of such an account.


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.

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FAQ

Abatement of nuisance. The Attorney General of this State or the State's Attorney of the county wherein the nuisance exists may commence an action to abate a public nuisance as described in Section 37-1 of this Act, in the name of the People of the State of Illinois, in the circuit court.

A person is guilty of obstructing government operations when they use or threaten to use violence or force or physical interference to obstruct, impair, or hinder the performance of a governmental function by a public servant.

To charge person for debt, default or misdoings of another. Statute of frauds applies only to oral promises made to a person to whom another is answerable.

Definitions of abatement of a nuisance. (law) the removal or termination or destruction of something that has been found to be a nuisance.

(3) "Nuisance" means any interference with reasonable use and enjoyment of property and includes all claims that meet the requirements of this definition regardless of whether a complainant designates the claims as brought in nuisance, negligence, trespass, or any other claim under law or equity.

The Statute of Repose is an overall and absolute window with which a construction defect, other than an express warranty may be asserted. Generally, the Statute of Limitations for a breach of contract. In Hawaii is 6 years. Note the builder's guarantee or written warranty is deemed a contract.

The nuisance abatement law, part V (sections 712-1270 through 712-1280) of chapter 712, Hawaii Revised Statutes, authorizes the Attorney General, the Prosecuting Attorney of the respective counties, or any citizen of the State to file a civil lawsuit to abate a nuisance.

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Hawaii Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts