Civil Complaint - Collections (Debt Collection / Account Stated / Open Book Account)

COMPLAINT FOR DEBT COLLECTION: BREACH OF CONTRACT, ACCOUNT STATED, OPEN BOOK ACCOUNT, AND UNJUST ENRICHMENT

Drafting Notes (remove before filing):
- FDCPA applicability: The FDCPA (15 U.S.C. § 1692) applies to "debt collectors" — entities that regularly collect debts owed to another. Original creditors collecting their own debts are generally NOT subject to FDCPA. Debt buyers collecting purchased debts ARE subject to FDCPA.
- Account Stated: Requires prior account between parties, balance agreed upon, and promise (express or implied) to pay. Defendant's failure to object to a rendered account within a reasonable time implies assent.
- Open Book Account: A running account in the regular course of business with an expectation of further dealing; the account must be kept in a commercially reasonable manner.
- Statutes of Limitations vary significantly by state and theory (written contract vs. oral vs. book account). Verify applicable SOL before filing.
- Interest: Confirm statutory pre-judgment interest rate and contractual rate. Attach account statements showing interest calculations.

CAPTION

[COURT NAME]
[COUNTY / DISTRICT], [STATE]

[PLAINTIFF NAME],
    Plaintiff,

v.                                 Case No. [____________________]

[DEFENDANT NAME],
    Defendant.

COMPLAINT FOR:
1. Breach of Written Contract
2. Account Stated
3. Open Book Account
4. Unjust Enrichment / Quantum Meruit
5. Money Lent (if applicable)

SECTION I: PARTIES

1. Plaintiff [________________________________] ("Plaintiff") is a [corporation / LLC / individual] organized under the laws of [________________________________], with its principal place of business at [________________________________]. Plaintiff is [the original creditor / an assignee of the original creditor, [Name], pursuant to a written assignment dated __/__/____].

2. Defendant [________________________________] ("Defendant") is an [individual residing at / corporation with its principal place of business at] [________________________________], County of [____], State of [________________________________].

3. [If debt buyer/assignee, add]: Plaintiff purchased the account at issue from [Original Creditor Name] pursuant to a written Assignment and Purchase Agreement dated [__/__/____]. The original account number assigned by [Original Creditor] is [____________________]. Plaintiff is the current owner and holder of all rights to collect the debt described herein.

SECTION II: JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter pursuant to [applicable statute, e.g., Cal. Code Civ. Proc. § 410.10; applicable state general jurisdiction statute], as the amount in controversy exceeds $[____] and the matter does not otherwise require federal jurisdiction.

5. Venue is proper in [County / District] of [________________________________] because:
   ☐ Defendant resides in this county;
   ☐ Defendant's principal place of business is in this county;
   ☐ The contract was entered into in this county;
   ☐ The goods or services were delivered in this county;
   ☐ The obligation became due in this county.

SECTION III: GENERAL FACTUAL ALLEGATIONS

6. The Account: Beginning on or about [__/__/____], Plaintiff [extended credit to / provided goods and services to / loaned money to] Defendant pursuant to a [written credit agreement / account agreement / promissory note / open account], account number [____________________] (the "Account"). A true and correct copy of the [agreement / promissory note / account documentation] is attached hereto as Exhibit A.

7. Defendant's Agreement to Pay: In connection with the Account, Defendant agreed to pay Plaintiff [the principal balance / monthly minimum payments / interest at __% per annum] in accordance with the terms of the Account agreement.

8. Goods/Services Provided: Pursuant to the Account, Plaintiff [provided goods / rendered services / extended credit / loaned funds] to Defendant as follows:
   - Beginning: [__/__/____]
   - Final transaction: [__/__/____]
   - Nature of goods/services: [________________________________]
   - Account statements were rendered to Defendant on or about [__/__/____], [__/__/____], and [__/__/____].

9. Balance Due: As of [__/__/____], the outstanding balance on the Account is $[____________________], consisting of:
   - Principal: $[____________________]
   - Accrued interest at [____]% per [month/year] from [__/__/____]: $[____________________]
   - Late fees/charges (if any): $[____________________]
   - Total Balance Due: $[____________________]

A true and correct copy of the final account statement is attached as Exhibit B.

10. Demand for Payment: Plaintiff [has made / made written demand upon Defendant for payment on __/__/____]. Despite such demand, Defendant has failed, refused, and neglected to pay any portion of the balance due.

11. No Defense: No part of the balance due has been paid, and Defendant has no valid defense to the payment of the amount owed.

SECTION IV: CAUSES OF ACTION

FIRST CAUSE OF ACTION

Breach of Written Contract
(Against Defendant)

12. Plaintiff incorporates all preceding paragraphs as though fully set forth herein.

13. Existence of Contract: On or about [__/__/____], Plaintiff and Defendant entered into a valid and enforceable written contract (the "Agreement"), a copy of which is attached as Exhibit A.

14. Plaintiff's Performance: Plaintiff fully performed all obligations required under the Agreement, including [providing the agreed goods / services / credit / funds as described above].

15. Defendant's Breach: Defendant breached the Agreement by failing to make the required payments when due. Defendant's last payment, if any, was made on [__/__/____] in the amount of $[____]. Defendant has made no further payments despite repeated demands.

16. Damages: As a direct and proximate result of Defendant's breach, Plaintiff has suffered damages in the amount of $[____________________], plus interest at [____]% per annum from [__/__/____], plus reasonable attorney fees as provided in the Agreement [if applicable].

SECOND CAUSE OF ACTION

Account Stated
(Against Defendant)

17. Plaintiff incorporates all preceding paragraphs as though fully set forth herein.

18. An account was stated in writing between Plaintiff and Defendant, whereby Plaintiff presented to Defendant [monthly account statements / a final account statement / a statement of the balance owed] reflecting a balance of $[____________________] as of [__/__/____]. Copies of the account statements are attached as Exhibit B.

19. Defendant received the account statements and did not object to the balance stated therein within a reasonable time, thereby assenting to the balance as correct.

20. By reason of such account stated, Defendant is indebted to Plaintiff in the sum of $[____________________], together with interest thereon from [__/__/____].

21. Despite demand, Defendant has failed and refused to pay the account stated balance.

THIRD CAUSE OF ACTION

Open Book Account
(Against Defendant)

22. Plaintiff incorporates all preceding paragraphs as though fully set forth herein.

23. Plaintiff maintained a book account in the regular course of business reflecting transactions between Plaintiff and Defendant, commencing on or about [__/__/____].

24. The book account reflects the following: charges for [goods / services / credit] provided by Plaintiff to Defendant, credits for payments received, and a running balance showing the amount owed at all times.

25. The last entry in the book account was made on or about [__/__/____].

26. The outstanding balance in the book account is $[____________________], which is the balance due and owing from Defendant to Plaintiff.

27. A summary of the book account is attached as Exhibit C.

FOURTH CAUSE OF ACTION

Unjust Enrichment / Quantum Meruit
(Against Defendant — Pleaded in the Alternative)

28. Plaintiff incorporates all preceding paragraphs as though fully set forth herein.

29. Plaintiff conferred a benefit upon Defendant by [providing goods / rendering services / extending credit / lending funds] as described above, with a reasonable value of $[____________________].

30. Defendant accepted and retained the benefit of the goods, services, credit, or funds provided by Plaintiff.

31. It would be unjust and inequitable for Defendant to retain such benefits without compensating Plaintiff at the reasonable value thereof.

32. By reason of the foregoing, Defendant has been unjustly enriched in an amount equal to the reasonable value of the benefit conferred, which is $[____________________], plus interest from [__/__/____].

FIFTH CAUSE OF ACTION

Money Lent
(Against Defendant — if applicable)

33. Plaintiff incorporates all preceding paragraphs as though fully set forth herein.

34. On or about [__/__/____], Plaintiff loaned to Defendant the sum of $[____________________] (the "Loan").

35. Defendant promised to repay the Loan with interest at [____]% per annum, in [monthly installments of $____ / a lump sum on __/__/____].

36. Defendant has failed to repay any portion of the Loan / has repaid only $[____________________], leaving an outstanding balance of $[____________________].

37. As a result, Defendant is indebted to Plaintiff in the sum of $[____________________], plus interest at [____]% per annum from [__/__/____].

SECTION V: INTEREST CALCULATION

38. Pre-judgment interest on the outstanding balance is calculated as follows:

• Principal Balance: $[____________________]
• Interest Rate: [____]% per annum ([____]% per month) [as provided in the Agreement / at the statutory rate of ____% under [applicable statute]]
• Interest Accrual Start Date: [__/__/____]
• Daily Interest Rate: $[____] (Principal × Annual Rate ÷ 365)
• Accrued Interest Through [__/__/____]: $[____________________]
• Total Amount Due as of [__/__/____]: $[____________________]

39. Interest continues to accrue at the rate of $[____] per day until paid in full.

SECTION VI: ATTORNEY FEES

40. The Agreement provides that the prevailing party is entitled to reasonable attorney fees and costs. [Alternatively: Plaintiff is entitled to attorney fees and costs pursuant to [applicable statute].]

41. Plaintiff has incurred and continues to incur attorney fees and costs in connection with this action, which are recoverable from Defendant.

SECTION VII: STATE STATUTES OF LIMITATIONS

Debt Collection SOL by Theory and State:

42. This action is timely filed within the applicable statute of limitations. The cause of action accrued on [__/__/____], when Defendant last made a payment / when Defendant defaulted on the obligation. This action is filed within [____] years of that date.

SECTION VIII: FDCPA NOTICE (FOR DEBT BUYERS/COLLECTORS ONLY)

[Include only if Plaintiff is a "debt collector" as defined by the FDCPA, 15 U.S.C. § 1692a(6).]

43. Within five days after initial communication with Defendant, Plaintiff provided a written validation notice as required by 15 U.S.C. § 1692g.

44. Plaintiff has complied with all applicable provisions of the FDCPA in connection with its efforts to collect the debt described herein.

45. [If Defendant disputed the debt]: Defendant disputed the debt on [__/__/____]. Plaintiff timely provided verification of the debt as required by 15 U.S.C. § 1692g(b). A copy of the verification is attached as Exhibit D.

SECTION IX: PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

1. Principal Damages: For the outstanding balance of $[____________________];
2. Pre-Judgment Interest: At [contractual rate of ____% / statutory rate of ____% per annum] from [__/__/____] through the date of judgment;
3. Post-Judgment Interest: At the applicable post-judgment interest rate;
4. Attorney Fees: As provided by contract and/or applicable statute;
5. Costs of Suit: All allowable costs of this action;
6. Such Other Relief: As the Court deems just and proper.

Total amount sought as of [__/__/____]: $[____________________] (principal + interest + fees)

SECTION X: JURY DEMAND

☐ Plaintiff demands a trial by jury on all issues so triable.
☐ Plaintiff does not demand a jury trial. [Collection cases are sometimes tried to the bench.]

SECTION XI: SIGNATURE BLOCK

Dated: [__/__/____]

Respectfully submitted,

[________________________________]
[ATTORNEY NAME], [State Bar No. ____]
[LAW FIRM NAME]
[ADDRESS LINE 1]
[CITY, STATE ZIP]
Telephone: ([____]) [____-________]
Email: [________________________________]

Attorney for Plaintiff [________________________________]

Exhibits:
- Exhibit A: Credit Agreement / Promissory Note / Account Agreement
- Exhibit B: Account Statements (final statement showing balance)
- Exhibit C: Book Account Summary
- Exhibit D: FDCPA Validation Notice and/or Verification (if applicable)
- Exhibit E: Assignment Agreement (if debt buyer)

Sources and References:
- Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq.
- UCC Article 3, §§ 3-301 et seq. (negotiable instruments)
- Cal. Code Civ. Proc. §§ 337, 337a, 339 (SOL); Professional Collection Consultants v. Lauron, 8 Cal.App.5th 958 (2017)
- Tex. Civ. Prac. & Rem. Code §§ 16.004, 38.001 (attorney fees)
- Fla. Stat. §§ 95.11(2)(b), 95.11(3)(k)
- NY CPLR § 213(2)
- Restatement (Third) of Restitution § 26 (account stated)