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.
Allegheny Pennsylvania Complaint Against Guarantor of Open Account Credit Transactions — Breach of Oral or Implied Contracts: In Allegheny, Pennsylvania, a complaint can be filed against a guarantor of open account credit transactions for breaching oral or implied contracts. These types of contracts may involve agreements made verbally or through actions that imply a contractual relationship between two parties. Open account credit transactions refer to arrangements where a debtor can make purchases on account with a creditor, allowing for deferred payment. A guarantor in these transactions takes responsibility for ensuring the debtor's payment obligations are met. The complaint against a guarantor centers around the allegation that they failed to fulfill their duties as outlined in the oral or implied contract. Here are some key points to consider when filing such a complaint: 1. Nature of the Guarantor's Obligation: The complaint identifies the nature of the guarantor's obligation and establishes that there was a valid oral or implied contract in place. It outlines the terms of this agreement, which may include the guarantor's promise to satisfy the debtor's payment obligations if the debtor defaults. 2. Breach of Contract: The complaint details how the guarantor breached their obligations. This may involve the guarantor failing to make the required payments on behalf of the debtor within the agreed-upon time frame or neglecting their duties in another manner. 3. Proof of the Agreement: To substantiate the complaint, evidence supporting the existence of the oral or implied contract is required. This may include testimonies from witnesses or documentary proof, such as exchanged correspondence, invoices, account statements, or any other form of communication that demonstrates the agreement between the parties. 4. Damages Incurred: The complaint must outline the damages suffered by the creditor due to the guarantor's breach of the oral or implied contract. This may include the outstanding balance on the account, late fees, interest charges, and any other financial losses resulting from the guarantor's failure to uphold their obligations. 5. Legal Relief Sought: Finally, the complaint specifies the legal relief sought by the creditor. They may seek monetary compensation for the damages incurred, including the outstanding account balance and associated costs. Additionally, other forms of relief, such as specific performance or injunctive relief, may be requested to prevent further harm. It's important to note that within Allegheny, Pennsylvania, there might not be different types of complaints against guarantors of open account credit transactions for breach of oral or implied contracts. However, variations in specific circumstances and details can lead to different instances of complaints.
