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 Kansas, the concept of a suit on a sworn account is not explicitly recognized as it is in some other states. Kansas does not have a specific statute or procedural rule that provides a simplified process for creditors to establish their right to recover debts through a suit on a sworn account. Instead, creditors seeking to collect debts must generally follow the standard civil litigation process, which involves filing a lawsuit, serving the defendant, and proving their case through the presentation of evidence. This process includes the discovery phase, where both parties can request evidence from each other, and the possibility of a trial if the case is not resolved through summary judgment or settlement. While Kansas law does not provide for a suit on a sworn account, creditors may still use affidavits or other sworn statements as evidence to support their claims, and defendants are required to respond to the allegations in the complaint, which may include denying the debt. If a defendant fails to properly respond or contest the allegations, the creditor may seek a default judgment or summary judgment against the defendant.