§ 37-9-603 — Verified statement of account; recovery procedure

Whenever any verified account mentioned in the last preceding
section shall be placed in the hands of any railroad company or
its agent as above stated, it shall be the duty of such company
to furnish the contractor with a copy of such verified account,
so that if there be any disagreement between the debtor and
creditor as to the amount due the same may be amicably adjusted,
and if the contractor or subcontractor, if he be the debtor,
shall not, within ten (10) days after the receipt of such
account, give the said railroad company or its agent, written
notice that the claim is disputed, he shall be considered as
assenting to its payment, and the railroad company or its agent,
shall be justified in paying the same when due and charging the
same to the contractor. The person or persons to whom any such
debt is due and who shall deliver a verified account thereof as
above provided may recover the amount thereof in an action at
law, to the extent of any balance due by the railroad company to
the contractor at or after the time of delivering the verified
account; provided, that nothing contained in this section or in
section 2 of this act shall interfere with the right of action
upon the bond or bonds provided for in section 1 of this act, or
against the railroad company for the full amount of any such
debt in case of a failure of the company to take a bond.