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 Vermont, the concept of a suit on a sworn account is not explicitly recognized as a distinct procedural tool in the same manner as some other states. Vermont's rules of civil procedure do not provide a specific mechanism called a 'suit on a sworn account' that would limit evidence and pleading requirements for creditors. Instead, creditors seeking to recover debts typically must follow the standard civil litigation process, which involves filing a complaint, engaging in discovery, and proving their case at trial if necessary. Vermont law requires that claims be substantiated by evidence, and defendants have the right to contest the claims against them through the litigation process. If a creditor has a strong case, they may move for summary judgment, which can be granted if there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. However, this is not specific to debt collection and applies to civil litigation generally. Creditors in Vermont must therefore rely on the general rules of civil procedure to pursue debt recovery.