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

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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.

A Washington Complaint Against Guarantor of Open Account Credit Transactions — Breach of Oral or Implied Contracts is a legal document used in the state of Washington when a party wishes to take legal action against a guarantor who has breached an oral or implied contract related to open account credit transactions. This complaint is a formal way to bring a lawsuit against the guarantor, seeking remedies for the breach of contract. In such cases, the complaint outlines the details of the oral or implied contract that was agreed upon between the parties involved. It describes the specific terms and conditions of the credit transaction, such as the amount of credit provided, the agreed-upon interest rates, payment terms, and any other relevant details. The complaint also highlights the breach of contract by the guarantor, stating how they failed to fulfill their obligations as outlined in the oral or implied agreement. It provides specific examples of actions or lack thereof that constitute a breach, such as non-payment, late payments, refusal to honor the contract, or any other action that goes against the agreed-upon terms. It is important to note that there may be different types or variations of this complaint depending on the circumstances of the case. Some possible variations may include: 1. Complaint Against Guarantor for Non-Payment: This type of complaint is filed when the guarantor fails to make the required payments as per the oral or implied contract, resulting in a breach of the agreement. 2. Complaint Against Guarantor for Late Payments: This complaint is relevant when the guarantor consistently makes payments after the agreed-upon due date, which infringes upon the terms of the open account credit contract. 3. Complaint Against Guarantor for Refusal to Honor the Contract: In this case, the complaint is filed when the guarantor explicitly refuses to fulfill their obligations, denying the existence of the oral or implied contract, or refusing to carry out its terms. 4. Complaint Against Guarantor for Unauthorized Use of Credit: This type of complaint is relevant when the guarantor exceeds the scope of their authorized credit limits or uses the open account credit without the consent of the credit provider, leading to a breach of contract. In summary, a Washington Complaint Against Guarantor of Open Account Credit Transactions — Breach of Oral or Implied Contracts is a legal document designed to initiate legal action against a guarantor in cases where they have breached the terms of an oral or implied contract pertaining to open account credit transactions. Different types or variations of this complaint may exist depending on the nature of the breach, such as non-payment, late payments, refusal to honor the contract, or unauthorized use of credit.

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FAQ

An oral contract may be unenforceable if its subject matter falls under the Statute of Frauds, which requires certain contracts to be in writing and signed. Examples of contracts that must be in writing include: Consideration of marriage, including prenuptial and postnuptial agreements.

Generally, oral contracts will be enforced, so long as the basic elements of a contract are present: an offer, an acceptance, an exchange of consideration, and a meeting of the minds on the specific terms of a contract. Non-essential terms of the contract need not be settled to render an oral contract enforceable.

Generally, oral contracts will be enforced, so long as the basic elements of a contract are present: an offer, an acceptance, an exchange of consideration, and a meeting of the minds on the specific terms of a contract.

Whether an oral contract is enforceable in Washington depends upon the circumstances surrounding the terms of the agreement?most notably, whether the agreement falls under the provisions of the so-called ?Statute of Frauds,? requiring that certain types of contracts must always be in writing and signed by the parties ...

These exceptions are admission, performance, and promissory estoppel. Admission means that an oral contract can be enforced without meeting the requirements of a statute of frauds if the other party admits under oath that the oral contract was made. Performance can mean full performance or partial performance.

If a person does not fulfill their part of the verbal contract, there may be grounds to sue?but it will depend on the overall nature of the agreement and stipulations involved. If you believe another party violated your valid verbal contract, do not hesitate to get legal help you can trust.

Verbal contract law requires that the agreement consists of: Offer - A party offers to complete an action or suspend action for something of value in return. Acceptance - The other party can deny the terms of the contract and the contract is now void.

In order to state a claim for the breach of an oral contract, the aggrieved party must show three elements: (1) a valid contract; (2) a material breach; and (3) damages.

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