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).
Hawaii does not have a specific procedural tool known as a 'suit on an account,' 'suit for an account,' or 'suit on a sworn account' that is distinct from other debt collection procedures. In Hawaii, creditors seeking to recover debts typically file a civil lawsuit and must prove their case through the standard legal process, which includes presenting evidence and following the rules of civil procedure. The Hawaii Rules of Civil Procedure govern the litigation process, and creditors must adhere to these rules when filing a lawsuit to collect a debt. There is no simplified process in Hawaii that allows creditors to establish their right to recovery with limited evidence or pleading requirements, as described in the concept of a 'sworn account.' Defendants in Hawaii are entitled to contest the creditor's claims and present their defense without the requirement of filing a sworn denial to avoid summary judgment specifically for sworn accounts. However, defendants must still respond to the lawsuit in a timely manner to avoid default judgment.