MS HB1495

Defines "open account" as any commercial transaction (single or series) for sale of goods or services based on oral or written agreement where the account debtor pays after receipt and invoice, including sales on written terms not agreed to in writing by the debtor

Requires account creditors to send written demand for payment to the account debtor's current address via registered/certified mail, priority mail, commercial delivery service (within 2 business days), email with delivery receipt, or hand delivery with affidavit

Makes account debtors liable for reasonable attorney's fees, expenses, and costs set by the court when judgment is rendered in favor of the account creditor after failure to pay within 30 days of written demand

Allows evidence of demand receipt by the account debtor's spouse living together to satisfy the demand requirement, and permits courts to find sufficient written demand based on attempted delivery notation if due diligence is shown

Brings forward Section 11-53-67 relating to fee bills for possible amendment without making substantive changes

Takes effect July 1, 2020