Louisiana Demand for Payment of an Open Account by Creditor

• Category: Loans and Lending - Payment Demands
• State: Multi-State
• Control #: US-0245BG
• Format: Word; Rich Text

Description

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. Finally, the balance must be mutually agreed on by the parties or implicitly imposed on them by law.

Louisiana Demand for Payment of an Open Account by Creditor is a legal document used by creditors in Louisiana to formally request payment for an outstanding debt. This document serves as a precursor to potential legal action to recover the amount owed. The purpose of this demand is to clearly communicate the creditor's intentions and to provide the debtor with an opportunity to fulfill their payment obligations before legal proceedings commence. By sending a demand for payment, creditors show that they are serious about collecting the debt and are willing to take legal action if necessary. Keywords: Louisiana Demand for Payment, Open Account, Creditor, Debt, Legal Action, Outstanding Debt, Payment Obligations, Legal Proceedings. Types of Louisiana Demand for Payment of an Open Account by Creditor: 1. Simple Demand for Payment: This is the basic type of demand letter that creditors can send to debtors, outlining the amount owed, providing a deadline for payment, and informing them about the potential consequences of non-payment. This type is commonly used when there is no previous formal agreement or contract between the parties involved. 2. Demand for Payment on a Promissory Note: When a debt is backed by a promissory note, the demand for payment will reference the specific note, include details about the original agreement, and specify the consequences for failing to meet the payment terms. 3. Demand for Payment of a Commercial Account: In commercial transactions, such as business-to-business (B2B) deals, a creditor may send a specialized demand for payment letter outlining the owed amount, the terms of the original agreement, and the potential consequences for non-payment. This type of demand is often used for open accounts where purchases are made on credit. 4. Demand for Payment with Intent to Sue: If the debtor has failed to respond or make satisfactory payment after receiving previous demand letters, a creditor may escalate the matter by sending a demand for payment with an explicit mention of their intent to file a lawsuit. This step is taken to emphasize the urgency and seriousness of the situation. 5. Demand for Payment with Interest and Fees: In some cases, creditors may include accrued interest or late fees in the demand for payment if these terms were specified in the original agreement or the applicable state laws allow it. This type of demand letter outlines the total amount owed, including all accrued charges beyond the principal debt. Keywords: Simple Demand for Payment, Promissory Note, Commercial Account, Intent to Sue, Interest and Fees.