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 Indiana, the concept of a suit on a sworn account is not explicitly recognized as a distinct procedural tool in the same manner as it might be in other states. Indiana law does not provide a specific statute or rule that outlines a simplified process for creditors to recover debts based on sworn accounts. Instead, creditors seeking to collect debts typically must file a complaint and proceed through the standard civil litigation process. This involves presenting evidence to establish the validity of the debt and the amount owed. If a creditor has a written instrument or account that is uncontested, they may move for summary judgment, which is a request for the court to rule in their favor without a full trial, provided there is no genuine issue of material fact. Defendants in Indiana are not required to file a sworn denial to prevent summary judgment; they must simply demonstrate that there is a genuine issue for trial. It is important for creditors and debtors alike to consult with an attorney to understand their rights and obligations under Indiana law when involved in debt collection litigation.