insuranceneeds.in

  • Subscribe to our RSS feed.
  • Twitter
  • StumbleUpon
  • Reddit
  • Facebook
  • Digg

Sunday, 9 December 2012

The Account Stated - A Useful Legal Tool for Creditors

Posted on 18:12 by Unknown


American Express Centurion Bank v. Gabay, 94 AD 3d 795 - NY: Appellate Div., 2nd Dept. 2012 - Google Scholar:


A creditor can often pursue payment on many theories. One of the most useful is the account stated. An account stated requires the creditor to show that there was a history of transactions and that the conduct of the debtor demonstrates that the debtor did not dispute the balance due. The advantage of account stated is that it avoids the defense to a breach of contract action that the goods or services were inferior. The other advantage is that a lawsuit based on an account stated can rely on the debtor's failure to challenge invoices as proof that the invoices stated the correct amounts.


This is some language from a New York case that sets out the requirements for an account stated:


"An account stated is an agreement between parties to an account based upon prior transactions between them with respect to the correctness of the account items and balance due" (Fleetwood Agency, Inc. v Verde Elec. Corp., 85 AD3d 850, 851 [2011][internal quotation marks omitted]). "An agreement may be implied where a defendant retains bills without objecting to them within a reasonable period of time, or makes partial payment on the account" (American Express Centurion Bank v Cutler, 81 AD3d 761, 762 [2011])."


Comment: if you have series of uncontested invoices and no real defense to payment the account stated is often the legal theory of choice. However, if the debtor complained promptly or contested the invoices, the account stated theory will not work. The best alternative is a breach of contract claim.
Edward X. Clinton, Jr.

'via Blog this'
Email ThisBlogThis!Share to XShare to Facebook
Posted in Business Advice, Collection Law, Contract Law | No comments
Newer Post Older Post Home

0 comments:

Post a Comment

Subscribe to: Post Comments (Atom)

Popular Posts

  • Corporate Law - LLC Statute Shields Member From Personal Liability
    Carollo v. Irwin, Ill: Appellate Court, 1st Dist., 4th Div. 2011 - Google Scholar : The Illinois Appellate Court recently decided the above-...
  • Seventh Circuit Approves Securities Class Certification in Conseco Case
    The United States District Court for the Seventh District of Indiana approved class certification for a class of Conseco Investors. (Later C...
  • LLC Operating Agreement Defeats Unjust Enrichment and Breach of Fiduciary Duty Claims
    WOSS, LLC v. 218 ECKFORD, LLC, 102 AD 3d 860 - NY: Appellate Div., 2nd Dept. 2013 - Google Scholar : The plaintiff LLC was a member of the d...
  • Seventh Circuit Weighs In On Unjust Enrichment Debate
    Cleary v. PHILIP MORRIS INCORPORATED, Court of Appeals, 7th Circuit 2011 - Google Scholar : The Seventh Circuit recently affirmed the dismis...
  • Contract Law - Lewitton v. ITA Software, Incorporated (Seventh Circuit 08-3725)
    The Seventh Circuit Holds that An Employer Breached An Employment Contract When It Blocked A Former Employee From Exercising Options To Purc...
  • Securities Law - Wells Notice
    A Wells Notice advises a public company or a principal officer of a public company that the Securities & Exchange Commission is consider...
  • Fraud and Proof of Reliance
    In fraud cases, the plaintiff must prove, among other things, that she reasonably relied on the factual assertion made by the defendant. All...
  • District Court Holds That Moorman Doctrine Bars A Conversion Claim
    Lansing v. Carroll, Dist. Court, ND Illinois 2012 - Google Scholar : The economic loss or Moorman doctrine bars tort claims where the damage...
  • Business Debts - The Bankruptcy Court Will Not Discharge A Debt Where The Underlying Loan Was Procured Through Fraud
    In Ojeda v. Goldberg , No. 09-2008, the Seventh Circuit affirmed a determination of the District Court (Judge Gottschall) that a debt was no...
  • Shareholder Derivative Action Dismissed Because Plaintiff Failed To Make A Demand on the Board of Directors
    IN RE HURON CONSULTING GROUP, INC. v. HURON CONSULTING GROUP, INC., Ill: Appellate Court, 1st Dist., 2nd Div. 2012 - Google Scholar : This c...

Categories

  • Business Advice
  • Collection Law
  • Consumer Rights
  • Contract Law
  • Corporate Law
  • Creditor Rights
  • Federal Arbitration Act
  • Federal Rules of Evidence
  • Fraud Claims
  • Fraudulent Transfer
  • Insurance Coverage Disputes
  • Internet Collection Scam
  • Limited Liability Company Issues
  • Litigation Issues
  • Moorman Doctrine
  • Mortgage Foreclosure
  • Noncompetition Agreements
  • Personal Jurisdiction
  • Securities Law
  • Shareholder Derivative Actions
  • Too Many Lawyers and Too Many Law Students
  • Uniform Commercial Code

Blog Archive

  • ►  2013 (27)
    • ►  December (1)
    • ►  November (2)
    • ►  October (2)
    • ►  September (4)
    • ►  August (5)
    • ►  June (3)
    • ►  May (1)
    • ►  April (4)
    • ►  March (2)
    • ►  February (1)
    • ►  January (2)
  • ▼  2012 (34)
    • ▼  December (5)
      • Plaintiffs Lose Coverage Case Based Upon Limitatio...
      • Duty to Defend - Long Delay Before Insurer Is Noti...
      • Illinois Supreme Court Rejects Account Stated Theo...
      • The Account Stated - A Useful Legal Tool for Credi...
      • Appellate Court Upholds Personal Guarantee
    • ►  November (4)
    • ►  October (2)
    • ►  September (2)
    • ►  August (2)
    • ►  July (3)
    • ►  June (4)
    • ►  May (6)
    • ►  April (2)
    • ►  March (1)
    • ►  February (1)
    • ►  January (2)
  • ►  2011 (40)
    • ►  December (2)
    • ►  November (3)
    • ►  October (3)
    • ►  September (4)
    • ►  August (1)
    • ►  July (3)
    • ►  June (2)
    • ►  May (5)
    • ►  April (3)
    • ►  March (5)
    • ►  February (3)
    • ►  January (6)
  • ►  2010 (36)
    • ►  December (2)
    • ►  November (3)
    • ►  October (5)
    • ►  September (3)
    • ►  August (3)
    • ►  July (3)
    • ►  June (2)
    • ►  May (3)
    • ►  April (1)
    • ►  March (4)
    • ►  February (4)
    • ►  January (3)
  • ►  2009 (18)
    • ►  December (3)
    • ►  November (4)
    • ►  October (2)
    • ►  September (2)
    • ►  August (1)
    • ►  July (2)
    • ►  June (4)
  • ►  2008 (1)
    • ►  September (1)
Powered by Blogger.

About Me

Unknown
View my complete profile