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MS HB1077

Bill

Status

Failed

4/1/2021

Primary Sponsor

Henry Zuber

Click for details

Origin

House of Representatives

2021 Regular Session

AI Summary

  • Revises the definition of "open account" to include transactions (single or multiple) for sale of goods or services based on oral or written promise, with payment due after receipt and invoice.

  • Requires account creditors to send written demand for payment to the current address of account debtors through registered/certified mail, priority mail, hand delivery, or first class mail.

  • Makes account debtors liable for reasonable attorney's fees, expenses, and costs set by the court when judgment is rendered in favor of the creditor after 30 days of nonpayment following written demand.

  • Allows demand sent to entity's registered agent or address on file with Secretary of State to satisfy the current address requirement for business entities.

  • Permits courts to find written demand satisfied through evidence of due diligence when delivery is attempted but impossible or impractical, as documented on the envelope.

Legislative Description

Open account; revise definition and require account creditor to send demand to current address of account debtor through certain means.

Last Action

Died On Calendar

4/1/2021

Committee Referrals

Judiciary, Division A2/17/2021
Banking and Financial Services1/18/2021

Full Bill Text

No bill text available