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 Ohio, the concept of a suit on a sworn account is not as formally recognized as it is in some other states. Ohio does not have a specific statute or procedural rule that outlines a distinct process for a suit on a sworn account. However, creditors seeking to recover debts may file a lawsuit based on breach of contract or account stated, depending on the circumstances surrounding the debt. In such cases, the creditor must provide evidence of the debt and the debtor's agreement to pay. If the debtor disputes the debt, they must provide a defense in their response to the lawsuit. While Ohio law does not provide for a simplified process specifically for sworn accounts, the state's rules of civil procedure do allow for summary judgment, which can be granted if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. This means that if the debtor does not adequately dispute the creditor's claim, the court may decide the case without a full trial.