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.
North Dakota Complaint Against Guarantor of Open Account Credit Transactions — Breach of Oral or Implied Contracts is a legal action taken when a guarantor fails to fulfill their obligations in relation to an open account credit transaction, resulting in a breach of oral or implied contracts. This complaint aims to hold the guarantor accountable for their actions and seek remedies for any damages incurred. In North Dakota, there are generally two types of complaints that can be filed against a guarantor for breach of oral or implied contracts in open account credit transactions: 1. Complaint for breach of oral contract: This type of complaint asserts that there was an agreement between the creditor and debtor, which may have been verbal or implied through their conduct, regarding the guarantor's responsibility for an open account credit transaction. The plaintiff alleges that the guarantor has breached this oral contract by failing to fulfill their obligations, resulting in damages to the plaintiff. 2. Complaint for breach of implied contract: In this type of complaint, the plaintiff argues that there was an implied contract between the creditor and debtor, which can arise from the circumstances and conduct of the parties involved. The plaintiff asserts that the guarantor, as a party to this implied contract, has breached their obligations, leading to damages suffered by the plaintiff. Both types of complaints require the plaintiff to provide evidence supporting their claim, such as documentation of the open account credit transaction, any written or verbal correspondence regarding the guarantor's obligations, and any evidence of the guarantor's failure to fulfill their responsibilities. It is crucial for the plaintiff to consult with an experienced attorney to properly draft and file the complaint, ensuring all the necessary elements are included and relevant North Dakota laws are followed. The attorney will guide the plaintiff through the legal process, helping them seek appropriate remedies for the breach of oral or implied contracts by the guarantor of open account credit transactions.North Dakota Complaint Against Guarantor of Open Account Credit Transactions — Breach of Oral or Implied Contracts is a legal action taken when a guarantor fails to fulfill their obligations in relation to an open account credit transaction, resulting in a breach of oral or implied contracts. This complaint aims to hold the guarantor accountable for their actions and seek remedies for any damages incurred. In North Dakota, there are generally two types of complaints that can be filed against a guarantor for breach of oral or implied contracts in open account credit transactions: 1. Complaint for breach of oral contract: This type of complaint asserts that there was an agreement between the creditor and debtor, which may have been verbal or implied through their conduct, regarding the guarantor's responsibility for an open account credit transaction. The plaintiff alleges that the guarantor has breached this oral contract by failing to fulfill their obligations, resulting in damages to the plaintiff. 2. Complaint for breach of implied contract: In this type of complaint, the plaintiff argues that there was an implied contract between the creditor and debtor, which can arise from the circumstances and conduct of the parties involved. The plaintiff asserts that the guarantor, as a party to this implied contract, has breached their obligations, leading to damages suffered by the plaintiff. Both types of complaints require the plaintiff to provide evidence supporting their claim, such as documentation of the open account credit transaction, any written or verbal correspondence regarding the guarantor's obligations, and any evidence of the guarantor's failure to fulfill their responsibilities. It is crucial for the plaintiff to consult with an experienced attorney to properly draft and file the complaint, ensuring all the necessary elements are included and relevant North Dakota laws are followed. The attorney will guide the plaintiff through the legal process, helping them seek appropriate remedies for the breach of oral or implied contracts by the guarantor of open account credit transactions.
