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MS SB2633

Bill

Status

Failed

2/2/2021

Primary Sponsor

Joey Fillingane

Click for details

Origin

Senate

2021 Regular Session

AI Summary

  • Defines "open account" as any transaction involving sale of goods or services based on an oral promise where the debtor agrees to pay after receiving goods/services and an invoice or itemized statement

  • Expands liability for unpaid accounts to include "expenses and costs" in addition to reasonable attorney's fees when a debtor fails to pay within 30 days of written demand

  • Specifies acceptable delivery methods for written demand: registered/certified mail, priority mail, commercial delivery services with 2-business-day delivery, hand delivery with affidavit, or first-class mail

  • Allows delivery to a registered business entity's address or registered agent address on file with the state to satisfy demand requirements

  • Permits the prevailing party in an open account lawsuit (whether plaintiff or defendant) to recover reasonable attorney's fees, expenses, and costs

  • Effective date: July 1, 2021

Legislative Description

Open-account suits; revise delivery of written demand.

Last Action

Died In Committee

2/2/2021

Committee Referrals

Judiciary, Division A1/18/2021

Full Bill Text

No bill text available