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.
Oregon Complaint Against Guarantor of Open Account Credit Transactions — Breach of Oral or Implied Contracts A complaint against a guarantor of open account credit transactions in Oregon arises when there is a breach of oral or implied contracts. Guarantors are individuals or entities who agree to be responsible for the payment of debts owed by a borrower if the borrower fails to fulfill their obligations. In this specific complaint, the plaintiff (creditor) alleges that the guarantor has failed to honor their commitment to guarantee the payment obligations arising from open account credit transactions. Open account credit transactions involve the extension of credit by a creditor to a debtor without a fixed repayment schedule or a written agreement specifying the terms. Oregon's law recognizes that oral or implied contracts can be legally enforceable, and this complaint seeks to hold the guarantor accountable for their failure to fulfill their obligation despite the absence of a written contract. The complaint may outline specific instances or details of the debtor's non-payment, establishing a case for the guarantor's breach of their implied or oral agreement. Different types of Oregon Complaints Against Guarantor of Open Account Credit Transactions — Breach of Oral or Implied Contracts may include: 1. Individual Guarantor Complaint: This type of complaint is filed against an individual who has assumed the role of a guarantor for open account credit transactions. The plaintiff seeks to enforce the guarantor's liability for the debtor's outstanding debts. 2. Corporate Guarantor Complaint: In this case, the complaint is against a business entity acting as the guarantor for open account credit transactions. The plaintiff pursues legal action to compel the corporate guarantor to fulfill its obligations and alleviate the debtor's outstanding debts. 3. Implied Contract Complaint: This complaint asserts that a guarantor's liability arises from an implied contract, where the guarantor's actions and behavior suggest an intention to assume responsibility for the debtor's debts. The plaintiff seeks judicial relief to enforce this implied contract and hold the guarantor accountable. 4. Oral Contract Complaint: In situations where there is an explicit oral agreement between the creditor and the guarantor, a complaint can be filed based on the breach of this oral contract. The complaint presents evidence of the terms and conditions of the oral contract and the guarantor's failure to fulfill their obligations. 5. Counterclaim by Guarantor: In some cases, the guarantor may file a counterclaim arguing that they should not be held responsible for the debtor's debts. This counterclaim may dispute the existence or validity of the alleged oral or implied contract, providing their side of the story and possible defenses. It is essential to consult with an attorney experienced in contract law and debt collection in Oregon to navigate the legal complexities involved in filing a complaint against a guarantor of open account credit transactions for breach of oral or implied contracts.
