Bill Text: MS SB2901 | 2011 | Regular Session | Introduced

Mississippi Senate Bill 2901 (Prior Session Legislation)

Introduced

Bill Title: Attorney's fees; owed in suits for certain failures to pay amount when due.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-02-01 - Died In Committee [SB2901 Detail]

Download: Mississippi-2011-SB2901-Introduced.html

MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Judiciary, Division A

By: Senator(s) Stone

Senate Bill 2901

AN ACT TO PROVIDE FOR PAYMENT OF REASONABLE ATTORNEY'S FEES TO THE PREVAILING PARTY IN A LAWSUIT BASED ON A CONTRACT, PROMISSORY NOTE OR OTHER WRITING THAT DOES NOT PROVIDE FOR THE PAYMENT OF ATTORNEY'S FEES IN THE EVENT OF DEFAULT UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. When any person fails to pay an amount due as required by an agreement in writing, whether a contract, promissory note or other writing, and the writing does not provide for the payment of attorney's fees in the event of default, that person shall be liable for reasonable attorney's fees to be set by the judge for the prosecution and collection of the claim if judgment on the claim is rendered in favor of the plaintiff. If the person who is sued as described in this section shall prevail in the suit, he shall be entitled to reasonable attorney's fees to be set by the judge.

SECTION 2. This act shall take effect and be in force from and after July 1, 2011.