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 West Virginia, the concept of a suit on a sworn account is not explicitly recognized as a distinct procedural tool in the same manner as it might be in other states. West Virginia does not have a specific statute or rule that provides a simplified process for creditors to establish their right to recovery on accounts simply by presenting a sworn statement of the account. Instead, creditors seeking to collect debts must generally follow the standard civil litigation process, which includes filing a complaint, engaging in discovery, and proving their case at trial if necessary. While a creditor may submit a sworn statement as evidence, the defendant is entitled to contest the debt and present their own evidence in defense. If a defendant fails to respond to a lawsuit, the creditor may seek a default judgment. It is important for creditors and debtors alike to understand that the process of debt collection through the courts in West Virginia requires adherence to the rules of civil procedure and evidence, and they may benefit from consulting with an attorney to navigate these legal requirements.