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 Kentucky, 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. Kentucky law does not have a specific statute that outlines a simplified process for creditors to recover debts based on sworn accounts. Instead, creditors seeking to collect debts typically must file a standard civil lawsuit and prove their case through the presentation of evidence, which may include the account statements, contracts, and other relevant documentation. The defendant is then given the opportunity to respond and present their defense. If the defendant fails to respond or challenge the claim adequately, the creditor may seek a summary judgment, which is a judgment entered by the court without a full trial when there is no dispute over the material facts of the case. It is important for creditors and debtors alike to consult with an attorney to understand their rights and obligations under Kentucky law when dealing with debt collection lawsuits.