HB4931 96TH GENERAL ASSEMBLY

LRB096 16786 AJO 32087 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4931

Introduced 1/15/2010, by Rep. Michael J. Zalewski

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-201.1 new
735 ILCS 5/2-403	from Ch. 110, par. 2-403
735 ILCS 5/2-606	from Ch. 110, par. 2-606

Amends the Code of Civil Procedure. Provides that a person who commences more than 10 civil actions in a calendar year seeking money damages against natural persons shall attach to the summons a specified notice that includes advising the defendant to get legal advice and, if the defendant does not have an attorney, information about lawyer referral services or legal aid organizations. Provides that if an action is based on an assigned claim, the notice shall include a statement that the assignee of a debt suing to collect the debt is required to state how and when the assignee and any prior assignee acquired the debt and quote from or include a copy of the assignment. Provides that in all actions, including small claims, the pleading of an assignee and owner of a non-negotiable chose in action shall state how and when any prior assignee acquired title to the chose in action. Provides that a judgment on an assigned claim shall include a finding that the assignee has complied with these provisions. Provides that a written assignment that is necessary to entitle the pleader to assert a claim is a document on which the claim is founded. Provides that if a written assignment is recited in the complaint, a copy must be provided to the defendant upon request and that this provision applies to all cases, including small claims.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Sections 2-403 and 2-606 and by adding Section 2-201.1 as follows:

(735 ILCS 5/2-201.1 new)

Sec. 2-201.1. Multiple actions for damages.

(a) Any person who files more than 10 civil actions in a calendar year seeking money damages against natural persons shall attach the following notice to the summons:

NOTICE REQUIRED BY ILLINOIS LAW

1. GET ADVICE: Get professional advice from a lawyer about your rights and options.

2. LAWYER: If you do not have a lawyer, you may be able to find assistance by contacting the Illinois State Bar Association or a legal aid organization that provides free legal assistance. Legal aid organizations in your jurisdiction include:

(A) In Cook County:

Legal Assistance Foundation of Metropolitan Chicago

111 W. Jackson Boulevard

Chicago, IL 60604

1-312-341-1070

Coordinated Advice and Referral Program for Legal Services

1-312-738-9200

(B) Northern Illinois other than Cook County

Prairie State Legal Services

1-800-531-7057

(C) Central and Southern Illinois

1-618-394-7300, 1-877-342-7891

(b) If the action is based on an assigned claim, the notice shall also state:

3. ASSIGNED CLAIMS: The law allows the assignee of a debt to sue to collect it. The assignee is required to state how and when the plaintiff and any prior assignee acquired the debt. A written assignment must be attached to the complaint as an exhibit or recited therein. You have the right to a copy of all assignments of the debt for which you are sued.

(735 ILCS 5/2-403) (from Ch. 110, par. 2-403)

Sec. 2-403. Who may be plaintiff - Assignments - Subrogation. (a) The assignee and owner of a non-negotiable chose in action may sue thereon in his or her own name. Such person shall in his or her pleading on oath allege that he or she is the actual bona fide owner thereof. An assignee shall , and set forth how and when he or she and any prior assignee acquired title to the chose in action. The action is subject to any defense or set-off existing before notice of the assignment. A court shall not enter a judgment on an assigned claim without finding that this Section has been complied with. This Section applies to all cases including small claims.

(b) In all cases in which the chose in action consists of wages due or to become due to the assignor thereof from the defendant in the action, at least 5 days' written notice of the pendency of the action shall be served upon the assignor, before the trial of the same. Upon application of the assignor of the chose in action the court shall allow him or her to intervene and be made a party to the action. The assignor, or the defendant to the action on behalf of the assignor, shall be allowed to set up or affirmatively maintain any just setoff, discount or defense which the assignor may have to the assignment of the chose in action, or to the indebtedness, the payment of which is secured by the assignment of the chose in action. The court, by jury or otherwise, shall ascertain the amount of the indebtedness remaining due and unpaid from the assignor to the assignee of the chose in action. The judgment, if any, against the defendant shall not exceed the amount so found to be due and unpaid from the assignor to the assignee of the chose in action. Judgment for the balance, if any, remaining due from the defendant, upon the assigned chose in action, shall be rendered in favor of the assignor and against the defendant in the action or proceeding. The court may enter any order as to costs in the proceeding that may be equitable.

(c) Any action hereafter brought by virtue of the subrogation provision of any contract or by virtue of subrogation by operation of law shall be brought either in the name or for the use of the subrogee; and the subrogee shall in his or her pleading on oath, or by his or her affidavit if pleading is not required, allege that he or she is the actual bona fide subrogee and set forth how and when he or she became subrogee.

(d) A judgment in an action brought and conducted by a subrogee by virtue of the subrogation provision of any contract or by virtue of any subrogation by operation of law, whether in the name of the subrogor or otherwise, is not a bar or a determination on the merits of the case or any aspect thereof in an action by the subrogor to recover upon any other cause of action arising out of the same transaction or series of transactions.

(Source: P.A. 83-707.)

(735 ILCS 5/2-606) (from Ch. 110, par. 2-606)

Sec. 2-606. Exhibits. If a claim or defense is founded upon a written instrument, a copy thereof, or of so much of the same as is relevant, must be attached to the pleading as an exhibit or recited therein, unless the pleader attaches to his or her pleading an affidavit stating facts showing that the instrument is not accessible to him or her. In pleading any written instrument a copy thereof may be attached to the pleading as an exhibit. In either case the exhibit constitutes a part of the pleading for all purposes. A written assignment that is necessary to entitle the pleader to assert a claim is a document on which the claim is founded. If recited in the complaint a copy must be provided to the defendant upon request. This Section applies to all cases, including small claims.

(Source: P.A. 82-280.)