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 Virginia, a suit on an account, also known as an action on account, is a legal procedure used by creditors to collect debts from debtors. This process is typically used when the debt arises from a transaction involving the sale and purchase of goods or services, where there is a clear debtor-creditor relationship established through a general course of dealing. Virginia law does not specifically provide for a 'sworn account' procedure as described, but creditors can still file a lawsuit to recover the debt. The creditor must present evidence of the debt and the debtor's obligation to pay. If the debtor disputes the debt, they must respond to the lawsuit, and the matter may proceed to trial if not resolved. Virginia does allow for summary judgment, which can be granted if there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. However, unlike some states with specific sworn account procedures, Virginia does not require a sworn denial to avoid summary judgment; instead, the defendant must provide a defense that demonstrates a genuine issue for trial.