Some states have a procedural tool—known as a suit on an account, a suit for an account, or a suit on a sworn account—that limits the evidence and pleading requirements for a creditor to establish its right to recovery on certain types of accounts in a lawsuit to collect a debt. These procedural tools are designed to reduce the cost of a creditor’s recovery of a debt on such accounts, and usually apply to transactions in which there is a sale upon one side and a purchase upon the other, and title to personal property passes from one to the other, creating a debtor-creditor relationship by a general course of dealing.
A sworn account is not an independent cause of action or basis for recovery, but requires the defendant to file a sworn denial of the account to avoid having the court grant judgment against the defendant early in the litigation process (summary judgment).
In Arizona, the concept of a suit on a sworn account is not as formally recognized as it is in some other states. Arizona does not have a specific statute or rule that outlines a procedure for a suit on a sworn account. However, creditors seeking to recover debts in Arizona typically file a civil lawsuit for breach of contract or account stated, depending on the circumstances surrounding the debt. The process involves the creditor providing evidence of the debt and the debtor's default. If the debtor fails to respond or contest the debt with sufficient evidence, the creditor may seek a summary judgment from the court. It is important for defendants in such cases to respond appropriately to avoid a default judgment. Creditors must still prove their case, and defendants have the right to challenge the creditor's claims. An attorney can provide specific guidance on how to handle such debt collection lawsuits in Arizona.