When any person fails to pay an open account within thirty (30) days after receipt of written demand therefor correctly setting forth the amount owed and an itemized statement of the account in support thereof, that person shall be liable for reasonable attorney's fees to be set by the judge for the prosecution and collection of such claim when judgment on the claim is rendered in favor of the plaintiff. 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 sued on the open account shall prevail in the suit, he shall be entitled to reasonable attorney's fees to be set by the judge.
If delivery of written demand on the debtor is attempted, but not accomplished because circumstances made delivery of written demand impossible, 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 notation may be introduced as evidence of written demand on the debtor, and if the judge in his discretion finds that sufficient evidence of due diligence in delivery of written demand has been made, he may make a conclusion of written demand for purposes of justice and find that there has been written demand on the debtor.
Structure Mississippi Code
Title 11 - Civil Practice and Procedure
§ 11-53-7. Security for costs before justice of the peace
§ 11-53-9. Costs paid from deposit
§ 11-53-11. Official bond covers deposit
§ 11-53-13. Security for costs shall not be required in certain suits
§ 11-53-15. Usee liable for costs-state as nominal plaintiff
§ 11-53-17. Poor persons may sue without security for costs
§ 11-53-19. Court may dismiss action of poor persons
§ 11-53-21. Judgment for costs against poor persons
§ 11-53-23. Costs on dismissal for want of jurisdiction
§ 11-53-25. Stale cases dismissed at cost of plaintiff
§ 11-53-31. Successful party liable for certain costs
§ 11-53-33. Costs not recovered in some cases - limited in others
§ 11-53-37. Costs in class suits
§ 11-53-43. Executors and administrators entitled to and liable for costs - in their administration
§ 11-53-45. Next friend of infant liable for costs
§ 11-53-49. Costs in cases of setoff
§ 11-53-51. Costs in cases of appeal from justices of the peace
§ 11-53-53. Costs in cases of certiorari and appeals from certain inferior tribunals
§ 11-53-55. Cases not expressly embraced by statute or Rule
§ 11-53-65. Bill of costs made and filed
§ 11-53-67. Fees not payable until bill produced
§ 11-53-69. Costs not due until suit ended
§ 11-53-71. Taxation of costs in cases from justices of the peace
§ 11-53-73. Execution for costs
§ 11-53-75. Bill of costs appended to execution
§ 11-53-77. Combining orders and decrees to save costs
§ 11-53-79. Table of fees to be posted conspicuously
§ 11-53-81. Recovery of attorney's fees in suit on open account