What is a sworn account?
It is a lawsuit with a signed paper from the company you owe. The law lets some companies sue you without proving that you owe the debt. They just sign a paper saying they swear that you owe the money.
You have the right to ask for the paperwork that proves the debt. What good will that do? It may save you from having a judgment taken against you.
The company may have lost the paperwork. This happens most often when the debt is several years old. What if you ask for proof and the company does not have it? Then the lawsuit should be dropped.
The paperwork may show that the company has waited too long to sue you. If so, you can ask the judge to dismiss the case.
What if I want to make the company prove that I owe the money? Or, what if I think I do not owe that much?
You should file a Sworn Denial with the Court Clerk’s Office and go to court on your scheduled court date. A copy of a Sworn Denial is with this booklet.
The company will then have to prove how much you owe. What if they cannot prove it? Then, the company should drop the lawsuit, or the Judge should dismiss it.
Has it been over 6 years since you last paid or promised to pay? Then, the company has waited too long to sue. You should file a Sworn Denial and go to court on your scheduled court date. Tell the Judge you think the company has waited too long to sue.
WARNING! Before the hearing, the company’s lawyer may ask you to promise to pay the debt.
For more information or to apply for assistance:
West Tennessee Legal Services
Toll Free: 1-800-372-8346 ext. 1250
To download a full copy of this booklet, please click here.