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Judiciary I - Civil Law Committee
Filed: 2/10/2010
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09600HB4931ham001 |
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LRB096 16786 AJO 35560 a |
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| AMENDMENT TO HOUSE BILL 4931
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| AMENDMENT NO. ______. Amend House Bill 4931 on page 1, by |
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| replacing line 5 with the following:
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| "changing Sections 2-201, 2-403 and 2-606"; and
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| by replacing page 1, line 7, through page 3, line 3, with the |
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| following:
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| "(735 ILCS 5/2-201) (from Ch. 110, par. 2-201) |
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| Sec. 2-201. Commencement of actions - Forms of process. (a) |
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| Every action, unless otherwise expressly provided by statute,
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| shall be commenced by the filing of a complaint. The clerk |
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| shall issue
summons upon request of the plaintiff. The form and |
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| substance of the
summons, and of all other process, and the |
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| issuance of alias process,
and the service of copies of |
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| pleadings shall be according to
rules. |
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| (a-5) Additional notice; individual defendant. In an |
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| action against an individual defendant, the summons shall |
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09600HB4931ham001 |
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LRB096 16786 AJO 35560 a |
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| include an additional form notice that at a minimum includes a |
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| statement about the importance of obtaining legal advice and, |
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| when such services are available in that judicial circuit, the |
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| following additional information: available sources of legal |
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| and procedural information from the court, bar associations, |
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| and a statewide, nonprofit organization providing free online |
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| information and resources on Illinois law for lower-income |
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| Illinois residents; self-help centers, advice desks, or other |
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| similar resources based in that judicial circuit; bar |
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| association lawyer referral resources; legal aid hotlines and |
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| other legal aid resources for individuals who cannot afford a |
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| lawyer; court interpreters and other accommodations for |
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| individuals with disabilities; and any other required |
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| information for the particular cause of action at issue. The |
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| contents of the notice shall be established by Supreme Court |
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| Rule. |
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| (a-10) Additional notice; assigned claim. In an action for |
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| damages against an individual defendant that is based on an |
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| assigned claim, the plaintiff shall also attach the following |
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| form notice to the complaint:
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| NOTICE REQUIRED UNDER ILLINOIS LAW
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| The suit against you is based on what is known under the |
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| law as an assignment. Under the law, when you owe a person or |
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| company money, they may be able to give someone else the right |
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09600HB4931ham001 |
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LRB096 16786 AJO 35560 a |
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| to collect that money from you. When that happens, it is called |
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| an assignment, and that is what the person or company filing |
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| this lawsuit against you is claiming happened in this case. |
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| Under the law, the person or company filing the suit |
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| against you is required to state how and when the person or |
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| company acquired the debt. If the person or company is claiming |
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| the agreement was in writing, a copy of that agreement must be |
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| attached to the lawsuit filed against you, and you have a right |
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| to see it. |
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| This area of the law is complicated. It is recommended that |
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| you consult a lawyer to assist you. Proceeding without a lawyer |
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| may result in you losing rights you would have kept if you |
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| consulted a competent lawyer. You may be able to find a lawyer |
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| by contacting a bar association in your area. If you cannot |
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| afford a lawyer, you may be able to get free or low-cost legal |
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| help from a legal aid organization. |
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| (b) One or more duplicate original summonses may be issued, |
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| marked
"First Duplicate," "Second Duplicate," etc., as the case |
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| may be,
whenever it will facilitate the service of summons in |
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| any one or more
counties, including the county of venue. |
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| (Source: P.A. 82-280.)".
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