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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2924
Introduced 2/22/2005, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
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770 ILCS 5/1 |
from Ch. 13, par. 14 |
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Amends the Attorneys Lien Act. Makes a technical change in a Section
concerning the creation of liens.
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A BILL FOR
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HB2924 |
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LRB094 05247 LCB 35289 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Attorneys Lien Act is amended by changing |
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| Section 1 as follows:
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| (770 ILCS 5/1) (from Ch. 13, par. 14)
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| Sec. 1. Attorneys at law shall have a lien upon all claims, |
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| demands and
and
causes of action, including all claims for |
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| unliquidated damages, which may
be placed in their hands by |
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| their clients for suit or collection, or upon
which suit or |
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| action has been instituted, for the amount of any fee which
may |
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| have been agreed upon by and between such attorneys and their |
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| clients,
or, in the absence of such agreement, for a reasonable |
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| fee, for the
services of such suits, claims, demands or causes |
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| of action, plus costs
and expenses.
In the case of a claim, |
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| demand, or cause of action with respect to which
the total |
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| amount of all liens under the Health Care
Services Lien Act |
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| meets or exceeds 40% of the sum paid or due the injured
person, |
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| the total amount of all liens under this Act shall not exceed |
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| 30% of
the
sum
paid or due the injured person.
All
attorneys |
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| shall share proportionate amounts within this statutory |
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| limitation.
If an appeal is taken by any party to a suit based |
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| on the claim or cause of
action, however,
the attorney's lien |
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| shall not
be affected or limited by the provisions of this Act. |
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| To enforce such lien, such attorneys shall serve notice in
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| writing, which service may be made by registered or certified |
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| mail, upon
the party against whom their clients may have such |
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| suits, claims or causes
of action, claiming such lien and |
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| stating therein the interest they have in
such suits, claims, |
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| demands or causes of action. Such lien shall attach to
any |
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| verdict, judgment or order entered and to any money or property |
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| which
may be recovered, on account of such suits, claims, |
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