MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Banking and Financial Services
By: Representatives Turner, Aguirre
AN ACT TO AMEND SECTION 11-53-81, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "OPEN ACCOUNT"; TO PROVIDE THAT AN OPEN ACCOUNT INVOICE OR ITEMIZED STATEMENT OF THE ACCOUNT MAY OR MAY NOT INCLUDE WRITTEN TERMS OF SALE; TO PROVIDE THAT SUCH PROVISIONS OF LAW SHALL NOT APPLY TO RETAIL SALES INSTALLMENT CONTRACTS THAT ARE ASSIGNED TO LENDERS WHO ARE LICENSED UNDER THE SMALL LOAN PRIVILEGE TAX LAW; TO BRING FORWARD SECTION 11-53-67, WHICH RELATES TO CERTAIN FEES AND COSTS, 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 purposes of this section, the term "open account" includes, but is not limited to, any and all accounts for which a part, or all of, the balance is owed, whether the account is for a single transaction, multiple transactions, or a series of transactions, whether or not there was an expectation of future transactions, and whether or not the parties agreed upon a fixed price.
An "open account" may involve the sale of goods or services or both between persons or entities or both, and may be based on an oral or written promise or an agreement, express or implied, for the debtor to pay the account. "Open accounts" shall include debts incurred for professional services, including, but not limited to, legal services, medical services and construction services. The term "open account" shall be broadly construed.
(2) When * * * a person or entity fails to
pay an open account within thirty (30) days after receipt of written demand * * * for payment correctly setting
forth the amount owed and an itemized statement of the account in support * * * of the demand, * * * the person or entity shall
be liable for reasonable attorney's fees to be set by the * * * court for the prosecution and
collection of such claim when judgment on the claim is rendered in favor of the
plaintiff or counter-plaintiff, as the case may be. An open account invoice
or itemized statement of the account may or may not include written terms of sale.
(3) Evidence of
receipt of written demand by the spouse of the debtor when they are living together
as husband and wife on behalf of the debtor may be introduced as evidence of
written demand on the debtor. If that person who is being sued on the
open account * * *
prevails in the * * * lawsuit, he or she shall be entitled to
reasonable attorney's fees to be set by the * * * court.
(4) If delivery of
written demand on the 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 * * *
the notation may be introduced as evidence of written demand on the
debtor, and if the * * *
court, in * * *
its discretion, finds that sufficient evidence of due diligence
in delivery of written demand has been made, * * * the court may make a conclusion of
written demand for purposes of justice and find that there has been written
demand on the debtor. Nothing contained herein requires written demand to be
made by any certain means.
(5) Nothing in this section shall apply to retail sales installment contracts that are assigned to lenders who are licensed under the Small Loan Privilege Tax Law, Sections 75-67-201 through 75-67-247.
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, 2022.