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 Utah, the concept of a suit on a sworn account is not explicitly recognized as it might be in some other states. Instead, creditors seeking to recover debts typically must follow the standard civil procedure rules for filing a lawsuit. This involves filing a complaint, serving the defendant, and proving their case through the presentation of evidence, which may include account statements, contracts, and other relevant documentation. Utah does not have a specific statute or rule that simplifies the process for creditors by limiting evidence and pleading requirements in the same way a suit on a sworn account might. Creditors must prove the existence of the debt, the amount owed, and that the debtor has defaulted. If a creditor has a written contract or agreement, they may seek summary judgment if there is no genuine dispute as to any material fact and they are entitled to judgment as a matter of law. However, this is not the same as the streamlined process provided by a suit on a sworn account, which requires only a sworn denial to avoid summary judgment. In Utah, the defendant is entitled to present their case and any defenses during the litigation process.