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Unpaid Invoices, Account Stated, and Setoff

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By

ACL

The short answer

An account stated claim rests on the debtor’s agreement, express or implied, that an invoiced balance is correct, often shown by receiving invoices without objection. Setoff and recoupment let a party reduce what it owes by amounts owed to it.

Where it fits in your case

In collection disputes and when a customer withholds payment over claimed problems.

What to expect

  • Silence after receiving invoices can support an account stated claim.

  • Recoupment arises from the same transaction; setoff can involve separate debts.

  • Withholding payment without a contractual or legal basis can become a breach.

What we need from you

Invoices, statements, payment history, and any objections received.

Common misconceptions

  • “No contract means no claim.” Account stated or other theories may apply.

  • “We can hold back payment until they fix it.” Only if the contract or law supports it.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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