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 Montana, 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. Montana law does not have a specific statute or rule that provides for 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 normal rules of civil procedure and evidence. This involves filing a complaint, serving the defendant, and proceeding through discovery, motions, and potentially a trial. If a creditor has a written contract or clear evidence of the debt, they may be able to move for summary judgment if there is no genuine dispute of material fact. However, unlike states with specific procedures for sworn accounts, Montana does not require a defendant to file a sworn denial to avoid summary judgment. Creditors and debtors in Montana should consult with an attorney to understand the specific requirements and strategies for debt collection litigation in the state.