Full Text of HB6264 93rd General Assembly
HB6264 93RD GENERAL ASSEMBLY
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6264
Introduced 02/06/04, by Tom Cross SYNOPSIS AS INTRODUCED: |
|
770 ILCS 5/1 |
from Ch. 13, par. 14 |
|
Amends the Attorneys Lien Act. Makes a stylistic change in provisions
concerning the creation of liens.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB6264 |
|
LRB093 14592 LCB 40099 b |
|
| 1 |
| AN ACT concerning liens.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Attorneys Lien Act is amended by changing
| 5 |
| Section 1 as follows:
| 6 |
| (770 ILCS 5/1) (from Ch. 13, par. 14)
| 7 |
| Sec. 1. Attorneys at law shall have a lien upon all claims, | 8 |
| demands and
causes of action, including all claims for | 9 |
| unliquidated damages, which may
be placed in their hands by | 10 |
| their clients for suit or collection, or upon
which suit or | 11 |
| action has been instituted, for the amount of any fee which
may | 12 |
| have been agreed upon by and between such attorneys and their | 13 |
| clients,
or, in the absence of such agreement, for a reasonable | 14 |
| fee, for the
services of such suits, claims, demands or causes | 15 |
| of action, plus costs
and expenses.
In the case of a claim, | 16 |
| demand, or cause of action with respect to which
the total | 17 |
| amount of all liens under the Health Care
Services Lien Act | 18 |
| meets or exceeds 40% of the sum paid or due the injured
person, | 19 |
| the total amount of all liens under this Act shall not exceed | 20 |
| 30% of
the
sum
paid or due the injured person.
All
attorneys | 21 |
| shall share proportionate amounts within this statutory | 22 |
| limitation.
If an appeal is taken by any party to a suit based | 23 |
| on the claim or cause of
action, however,
the attorney's lien | 24 |
| shall not
be affected or limited by the provisions of this Act.
| 25 |
| To enforce the
such lien, such attorneys shall serve notice | 26 |
| in
writing, which service may be made by registered or | 27 |
| certified mail, upon
the party against whom their clients may | 28 |
| have such suits, claims or causes
of action, claiming such lien | 29 |
| and stating therein the interest they have in
such suits, | 30 |
| claims, demands or causes of action. Such lien shall attach to
| 31 |
| any verdict, judgment or order entered and to any money or | 32 |
| property which
may be recovered, on account of such suits, |
|
|
|
HB6264 |
- 2 - |
LRB093 14592 LCB 40099 b |
|
| 1 |
| claims, demands or causes of
action, from and after the time of | 2 |
| service of the notice. On petition
filed by such attorneys or | 3 |
| their clients any court of competent
jurisdiction shall, on not | 4 |
| less than 5 days' notice to the
adverse party, adjudicate the | 5 |
| rights of the parties and enforce
the lien.
| 6 |
| (Source: P.A. 93-51, eff. 7-1-03.)
|
|