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 Tennessee, a suit on a sworn account is a procedural mechanism that creditors can use to streamline the process of debt collection in cases involving a clear debtor-creditor relationship, typically arising from transactions of sale and purchase where title to personal property is transferred. This process simplifies the creditor's ability to prove their case by requiring the defendant to provide a sworn denial to contest the debt. If the defendant fails to file a proper sworn denial, the court may grant a summary judgment in favor of the creditor. This tool is particularly useful in reducing litigation costs and expediting the recovery process for creditors. However, it is important to note that the use of a sworn account does not constitute an independent cause of action; it is merely a procedural step within the broader context of a debt collection lawsuit. Tennessee law would require specific adherence to the rules governing such procedures, and an attorney can provide guidance on the proper use and potential benefits of filing a suit on a sworn account in the state.