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 Wisconsin, the concept of a suit on a sworn account is not as formally recognized as it is in some other states. Wisconsin does not have a specific statute or procedural rule that outlines a distinct 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 open account, and they must provide evidence of the debt and the debtor's default. Wisconsin law requires that the creditor's claim be stated with reasonable certainty, and the debtor has the opportunity to contest the debt. If the debtor fails to provide a valid defense, the creditor may move for summary judgment. While Wisconsin does not have a specific procedural tool that simplifies the process for creditors as a suit on a sworn account might, the general principles of civil procedure and evidence apply to debt collection lawsuits in the state.