HB4931ham001 96TH GENERAL ASSEMBLY

Judiciary I - Civil Law Committee

Filed: 2/10/2010

09600HB4931ham001 LRB096 16786 AJO 35560 a

AMENDMENT TO HOUSE BILL 4931

AMENDMENT NO. ______. Amend House Bill 4931 on page 1, by replacing line 5 with the following:

"changing Sections 2-201, 2-403 and 2-606"; and

by replacing page 1, line 7, through page 3, line 3, with the following:

"(735 ILCS 5/2-201) (from Ch. 110, par. 2-201)

Sec. 2-201. Commencement of actions - Forms of process. (a) Every action, unless otherwise expressly provided by statute, shall be commenced by the filing of a complaint. The clerk shall issue summons upon request of the plaintiff. The form and substance of the summons, and of all other process, and the issuance of alias process, and the service of copies of pleadings shall be according to rules.

(a-5) Additional notice; individual defendant. In an action against an individual defendant, the summons shall include an additional form notice that at a minimum includes a statement about the importance of obtaining legal advice and, when such services are available in that judicial circuit, the following additional information: available sources of legal and procedural information from the court, bar associations, and a statewide, nonprofit organization providing free online information and resources on Illinois law for lower-income Illinois residents; self-help centers, advice desks, or other similar resources based in that judicial circuit; bar association lawyer referral resources; legal aid hotlines and other legal aid resources for individuals who cannot afford a lawyer; court interpreters and other accommodations for individuals with disabilities; and any other required information for the particular cause of action at issue. The contents of the notice shall be established by Supreme Court Rule.

(a-10) Additional notice; assigned claim. In an action for damages against an individual defendant that is based on an assigned claim, the plaintiff shall also attach the following form notice to the complaint:

NOTICE REQUIRED UNDER ILLINOIS LAW

The suit against you is based on what is known under the law as an assignment. Under the law, when you owe a person or company money, they may be able to give someone else the right to collect that money from you. When that happens, it is called an assignment, and that is what the person or company filing this lawsuit against you is claiming happened in this case.

Under the law, the person or company filing the suit against you is required to state how and when the person or company acquired the debt. If the person or company is claiming the agreement was in writing, a copy of that agreement must be attached to the lawsuit filed against you, and you have a right to see it.

This area of the law is complicated. It is recommended that you consult a lawyer to assist you. Proceeding without a lawyer may result in you losing rights you would have kept if you consulted a competent lawyer. You may be able to find a lawyer by contacting a bar association in your area. If you cannot afford a lawyer, you may be able to get free or low-cost legal help from a legal aid organization.

(b) One or more duplicate original summonses may be issued, marked "First Duplicate," "Second Duplicate," etc., as the case may be, whenever it will facilitate the service of summons in any one or more counties, including the county of venue.

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