House Bill 1077

AN ACT TO AMEND SECTION 11-53-81, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "OPEN ACCOUNT"; TO REQUIRE AN OPEN ACCOUNT CREDITOR TO SEND A DEMAND TO THE CURRENT ADDRESS OF AN ACCOUNT DEBTOR THROUGH CERTAIN MEANS; TO PROVIDE THAT THE ACCOUNT DEBTOR SHALL BE LIABLE FOR EXPENSES AND COSTS IN ADDITION TO ATTORNEY'S FEES; TO BRING FORWARD SECTION 11-53-67, MISSISSIPPI CODE OF 1972, WHICH RELATES TO PRODUCING A BILL FOR FEE PAYMENT, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 11-53-81, Mississippi Code of 1972, is amended as follows:

11-53-81. (1) For the purpose of this chapter, the term "open account" means any transaction, whether a single transaction or series of transactions, involving the sale of goods or services, between individuals or entities, based on an oral or written promise or agreement, express or implied, for the account of the debtor to pay for the goods or services after the account debtor’s receipt of the goods or services and an invoice or itemized statement of account for them. An open account invoice or itemized statement of account may include written terms of sale.

(2) When * * *~~any~~ a person or entity fails to pay an open account within thirty (30) days after * * *~~receipt of~~ written demand * * *~~therefor~~ for payment sent in the manner provided in this chapter correctly setting forth the amount owed and an itemized statement of the account in support * * * ~~thereof~~ of the demand, * * *~~that~~ the person or entity shall be liable for reasonable attorney's fees, expenses and costs to be set by the * * *~~judge~~ court for the prosecution and collection of such claim when judgment on the claim is rendered in favor of the plaintiff.

The demand may be sent to the account debtor:

(a) By registered or certified mail;

(b) Through priority mail or priority mail express of the United States Postal Service or through a commercial firm that is regularly engaged in the business of document delivery or document and package delivery in which the sender has directed that delivery be not later than two (2) business days following the day on which the document is received for delivery by the United States Postal Service or the commercial firm;

(d) By first class mail, postage prepaid. If the account debtor is an entity on file with the Secretary of State's office, sending a copy of the open account demand to the entity's address or the registered agent's address on file with one of the states' Secretary of State shall satisfy the requirement of a current address.

Evidence of receipt of written demand by the spouse of the account debtor when they are living together as husband and wife on behalf of the account debtor may be introduced as evidence of written demand on the account debtor. If that person sued on the open account * * *~~shall~~ prevails in the lawsuit, he or she shall be entitled to reasonable attorney's fees, expenses and costs to be set by the * * *~~judge~~ court.

(3) If delivery of written demand on the account debtor is attempted, but not accomplished because circumstances made delivery of written demand impossible or impractical, a notation, on the envelope containing the written demand, made by the person attempting delivery stating the date of the attempted delivery, the reasons why delivery could not be accomplished along with the initials of the person attempting delivery and making * * *~~said~~ the notation may be introduced as evidence of written demand on the account debtor, and if the * * *~~judge~~ court, in * * *~~his~~ its discretion, finds that sufficient evidence of due diligence in delivery of written demand has been made, * * *he the court may make a conclusion of written demand for purposes of justice and find that there has been written demand on the account debtor.

SECTION 2. Section 11-53-67, Mississippi Code of 1972, is brought forward as follows:

11-53-67. Fees and costs shall not be payable by any person until there be produced to the person chargeable with the same a bill, or account in writing, containing the particulars of such fees, signed by the clerk or officer, in which shall be intelligently expressed and specified each section of the law, and, if any, each paragraph or subdivision of section by virtue of which each fee is charged. If any fee shall be paid without the production of such bill, the party paying the same shall at all times be entitled to demand and have from the officer receiving the same a copy of such bill without charge.

SECTION 3. This act shall take effect and be in force from and after July 1, 2021.