Depending on the specific case facts, there are several causes of actions a New York Court of law will entertain when adjudicating a contractual dispute. Today we will be talking about a cause of action called “Account Stated.” An Account Stated remedy can be applied to a situation where someone performs a service and the debtor refuses to pay for such services.
What you Need to Prove
New York Courts recognizes the theory of Account Stated to make the provider of the services whole. Meaning the New York Court will make the debtor pay for the services if the service provider states and can prove that:
• The debtor agreed to pay the amount demanded based upon previous business dealings.
• A statement of account was presented to the client.
• The debtor accepted the account stated for a reasonable period of time without objection.
The Accounts Stated actions is an efficient means to force the debtor to pay the monies owed, however, as in all court mandated actions, there are defenses. Be aware that your Accounted Stated action may be defeated if:
• Failure to send the statements for a reasonable amount of time.
• Creditors failure to meet conditions before payment would become due.
• Fraud in billing, and more.
With this in mind, it is important talk to an experienced New York fraud attorney to protect your rights. Call the Kushner Law Group now at 718-838-9341 to protect your rights and recover what is owed to you.