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 North Dakota, 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. North Dakota law does not provide a specific statute or rule that outlines a procedure for a suit on a sworn account for the collection of debts. Instead, creditors seeking to recover debts typically must file a standard civil lawsuit and prove their case through the presentation of evidence and adherence to the North Dakota Rules of Civil Procedure. The defendant is then given the opportunity to respond and present any defenses or counterclaims. If a creditor has a strong case, they may move for summary judgment, which can be granted if there is no genuine dispute as to any material fact and the creditor is entitled to judgment as a matter of law. However, this is not a unique feature of debt collection law but a general aspect of civil litigation in North Dakota.