What is An “Account Stated” Cause of Action in New York

An account stated cause of action in New York is a legal claim that arises when two parties have a business relationship and one party provides the other with an itemized statement of the transactions between them, and the other party accepts the statement without objection or protest. In order to establish an account stated cause of action in New York, the plaintiff must prove the following elements:

1. That the parties had a prior business relationship that involved the sale of goods or services.
2. That the defendant received a statement of account from the plaintiff that included all of the relevant transactions between the parties.
3. That the defendant failed to object or protest the statement of account within a reasonable time period.
4. That the defendant agreed that the statement of account was accurate and owed the balance stated therein.

Once the plaintiff establishes these elements, the court may find that an account stated has been created, and the defendant is obligated to pay the balance due. An account stated cause of action is a powerful tool for creditors to use to collect debts because it allows them to bypass many of the procedural hurdles and defenses that would normally be available to debtors. However, it is important to note that an account stated is not a cause of action for a new debt, but rather a mechanism to enforce an existing debt that has already been acknowledged by the debtor. Therefore, if there is a dispute as to the accuracy of the statement of account, the defendant may still have a defense to the claim. Here are some things you’ll need to prove your account stated claim:

• Your Statement of Account should identify the customer’s correct and complete legal name and the customer’s correct address.

• The statement must reflect the balance that you are seeking to collect.

• You should send the Statement of Account by mail and through whatever other channels is customary for corresponding with that particular customer/client.