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 South Carolina, the concept of a suit on a sworn account is not as formally recognized as it is in some other states. South Carolina does not have a specific statute or procedural rule that outlines the process for a suit on a sworn account. However, creditors seeking to recover debts may still file a lawsuit for breach of contract or on account stated, depending on the circumstances surrounding the debt. In such cases, the creditor must prove the existence of the debt, the amount owed, and that the debtor has failed to pay according to the terms of the agreement. While a sworn statement or affidavit may be used to support the creditor's claim, it does not limit the evidence or pleading requirements in the same way a suit on a sworn account might in states with specific statutes governing such suits. Defendants in South Carolina are entitled to contest the debt and present their own evidence in defense during the litigation process. Summary judgment may be granted if the court finds there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.