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 Maryland, the concept of a suit on a sworn account is not explicitly recognized as it is in some other states. Instead, creditors seeking to collect debts typically file a breach of contract claim or an action for unpaid accounts. Maryland does not have a specific statute or procedural rule that simplifies the process for creditors to establish their right to recovery on accounts by limiting evidence and pleading requirements. Creditors must prove their case by a preponderance of the evidence, which includes providing the contract, the account statement, or other relevant documentation to establish the debt and the debtor's default. If a creditor files a lawsuit, the debtor has the opportunity to respond and present any defenses or counterclaims. Summary judgment may be granted if there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. However, this is not specific to debt collection cases and applies to civil litigation in general. Debt collection in Maryland is also governed by the Maryland Consumer Debt Collection Act, which provides certain protections to consumers and outlines lawful debt collection practices.