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 New Jersey Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees is a legal document filed by a party seeking to recover funds for goods that were sold and delivered. This complaint is specifically used when there has been a breach of an oral or implied contract, and the party is seeking to enforce the terms of the agreement. Here are some key aspects of this type of complaint: 1. Parties Involved: The complaint typically includes the names and contact information of both the plaintiff (the party bringing the complaint) and the defendant (the party alleged to have breached the contract). This information may also include any additional parties involved, such as guarantors or co-defendants. 2. Jurisdiction and Venue: The complaint specifies the court where the case is filed, usually in the county or district where the transaction or breach occurred. It also provides justification for why that particular court has jurisdiction over the matter. 3. Facts and Background: A detailed description of the oral or implied contract is provided, including the nature of the goods sold, the dates of delivery, and any applicable terms and conditions. This section outlines the specific obligations and responsibilities of each party and establishes the breach of contract. 4. Breach of Contract: The complaint will clearly outline how the defendant breached the contract, such as failure to pay for the goods sold and delivered. It may include information about any payment terms, deadlines, or conditions that were not met. 5. Amount Due: The complaint specifies the total amount owed by the defendant, including any applicable interest, fees, or costs. It might include supporting documentation, such as invoices, receipts, or statements, to prove the amount owed. 6. Stipulation for Attorney's Fees: This type of complaint includes a stipulation that if the plaintiff prevails in the lawsuit, the defendant will be responsible for paying the attorney's fees and costs incurred in pursuing the matter. 7. Relief Sought: The complaint concludes by stating the specific relief the plaintiff is seeking, which typically includes the full amount due, plus interest, attorney's fees, court costs, and any other remedies allowed by law. While there may not be different named types of New Jersey Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts, variations of this complaint might exist to address specific situations or include additional causes of action, such as fraud or misrepresentation, in addition to breach of contract.
