This type of claim is typically for a business that has issued one or more invoices to a customer who has failed in whole or part to pay the net amount. This type of claim is suited to abbreviated pleadings which may be expanded if an unexpected defence is lodged. The “account” may be a bill, a monthly summary of bills, or the running balance on a regular statement of account. Use this form of pleading when there already is some kind of implied settlement between the parties, such as when a person usually pays a monthly account, or where a person requests a fully itemised bill and then fails to object to any of it. There are three elements-
- prior transactions that create a debtor-creditor relationship
- a written or customary/implied agreement as to the prices and methodology
- a promise from the debtor to pay the amount when due.
This form is not suitable where a defence is considered likely (e.g. fraud, mistake, negligence) and may not be ideal where there is no trading history with the defendant.
Below you can buy in common Word format a template to get yourself started on filing this claim in a Queensland court. If you then decide to instruct us to pursue the claim for you, the purchase price for the template is credited against our bill.
Not what you need? Look at other types of claims and example pleadings.