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 New Jersey, the concept of a suit on a sworn account is not as formally recognized as it is in some other states. New Jersey does not have a specific statute or rule that provides a distinct procedural tool called a 'suit on a sworn account' that simplifies the process for creditors to recover debts. However, creditors may still file a lawsuit to collect a debt and must provide evidence to establish their right to recovery. The process involves the creditor proving the existence of the debt and the amount owed. If the debtor disputes the debt, they must respond to the lawsuit, and the matter may proceed through the normal litigation process, which can include discovery, motions, and potentially a trial. New Jersey courts may grant summary judgment if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law, but this is not specific to debt collection cases and applies to civil litigation generally. Creditors and debtors are advised to consult with an attorney to understand their rights and obligations under New Jersey law.