An action to recover on an open account is one usually based on an implied or oral contract. Ordinarily, it is not necessary to specify all the individual items that make up the account balance due. Some jurisdictions authorize a short form of pleading that allows a copy of the written statement to be attached, specifying only that a certain sum is due the plaintiff from the defendant. 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.
Houston Texas Complaint for Amount Due for Goods Sold and Delivered Pursuant to an Open Account A Houston Texas Complaint for Amount Due for Goods Sold and Delivered Pursuant to an Open Account is a legal document filed by a creditor against a debtor who has failed to pay for goods that were sold and delivered on credit terms. This complaint seeks to recover the outstanding amount owed, including any interest or fees that may have accrued. In Houston, Texas, this type of complaint falls under the category of commercial litigation and is governed by the Texas Business and Commerce Code and relevant case law. It is commonly used by businesses that provide goods or services on credit to customers who subsequently fail to make timely payments. The key elements of a Houston Texas Complaint for Amount Due for Goods Sold and Delivered Pursuant to an Open Account typically include: 1. Plaintiff Information: This section identifies the party who is filing the complaint, including their name, address, and contact information. It may also include details about the plaintiff's business and the nature of the goods or services provided. 2. Defendant Information: This section identifies the party being sued, also known as the debtor. It includes their name, address, and contact information if available. 3. Open Account Agreement: The complaint should outline the existence of an open account agreement between the plaintiff and the defendant. This agreement establishes the terms and conditions under which goods were sold and delivered on credit, including the agreed-upon payment schedule. 4. Amount Due: The complaint should specify the total amount due, including the original principal amount and any interest or fees that have accrued as per the terms of the open account agreement. 5. Breach of Agreement: The complaint should state that the defendant has breached the terms of the open account agreement by failing to make timely payments for the goods or services provided. 6. Demand for Payment: The complaint should include a demand for immediate payment from the defendant, requesting that the outstanding balance be settled within a designated timeframe. This serves as an opportunity for the debtor to rectify the situation before further legal action. 7. Legal Relief Sought: The complaint will typically request the court to grant various forms of legal relief, which may include the payment of the outstanding balance, additional interest or fees, attorney fees, and any other damages or remedies available under Texas law. It is important to note that depending on the specifics of each case, there may be variations in the way this type of complaint is drafted or named. Some possible variations could include: — Houston Texas Complaint for Amount Due for Goods Sold and Delivered on an Open Credit Account — Houston Texas Complaint for Unpaid Invoices for Goods Sold and Delivered Pursuant to an Open Account — Houston Texas Lawsuit Seeking Payment for Goods Sold and Delivered on Credit In conclusion, a Houston Texas Complaint for Amount Due for Goods Sold and Delivered Pursuant to an Open Account is a crucial legal document used by creditors to recover outstanding debts when debtors fail to make timely payments for goods or services provided on credit.Houston Texas Complaint for Amount Due for Goods Sold and Delivered Pursuant to an Open Account A Houston Texas Complaint for Amount Due for Goods Sold and Delivered Pursuant to an Open Account is a legal document filed by a creditor against a debtor who has failed to pay for goods that were sold and delivered on credit terms. This complaint seeks to recover the outstanding amount owed, including any interest or fees that may have accrued. In Houston, Texas, this type of complaint falls under the category of commercial litigation and is governed by the Texas Business and Commerce Code and relevant case law. It is commonly used by businesses that provide goods or services on credit to customers who subsequently fail to make timely payments. The key elements of a Houston Texas Complaint for Amount Due for Goods Sold and Delivered Pursuant to an Open Account typically include: 1. Plaintiff Information: This section identifies the party who is filing the complaint, including their name, address, and contact information. It may also include details about the plaintiff's business and the nature of the goods or services provided. 2. Defendant Information: This section identifies the party being sued, also known as the debtor. It includes their name, address, and contact information if available. 3. Open Account Agreement: The complaint should outline the existence of an open account agreement between the plaintiff and the defendant. This agreement establishes the terms and conditions under which goods were sold and delivered on credit, including the agreed-upon payment schedule. 4. Amount Due: The complaint should specify the total amount due, including the original principal amount and any interest or fees that have accrued as per the terms of the open account agreement. 5. Breach of Agreement: The complaint should state that the defendant has breached the terms of the open account agreement by failing to make timely payments for the goods or services provided. 6. Demand for Payment: The complaint should include a demand for immediate payment from the defendant, requesting that the outstanding balance be settled within a designated timeframe. This serves as an opportunity for the debtor to rectify the situation before further legal action. 7. Legal Relief Sought: The complaint will typically request the court to grant various forms of legal relief, which may include the payment of the outstanding balance, additional interest or fees, attorney fees, and any other damages or remedies available under Texas law. It is important to note that depending on the specifics of each case, there may be variations in the way this type of complaint is drafted or named. Some possible variations could include: — Houston Texas Complaint for Amount Due for Goods Sold and Delivered on an Open Credit Account — Houston Texas Complaint for Unpaid Invoices for Goods Sold and Delivered Pursuant to an Open Account — Houston Texas Lawsuit Seeking Payment for Goods Sold and Delivered on Credit In conclusion, a Houston Texas Complaint for Amount Due for Goods Sold and Delivered Pursuant to an Open Account is a crucial legal document used by creditors to recover outstanding debts when debtors fail to make timely payments for goods or services provided on credit.
