Judiciary I - Civil Law Committee
Filed: 2/10/2010
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| 1 | AMENDMENT TO HOUSE BILL 4931
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| 2 | AMENDMENT NO. ______. Amend House Bill 4931 on page 1, by | ||||||
| 3 | replacing line 5 with the following:
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| 4 | "changing Sections 2-201, 2-403 and 2-606"; and | ||||||
| 5 | by replacing page 1, line 7, through page 3, line 3, with the | ||||||
| 6 | following: | ||||||
| 7 | "(735 ILCS 5/2-201) (from Ch. 110, par. 2-201) | ||||||
| 8 | Sec. 2-201. Commencement of actions - Forms of process. (a) | ||||||
| 9 | Every action, unless otherwise expressly provided by statute,
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| 10 | shall be commenced by the filing of a complaint. The clerk | ||||||
| 11 | shall issue
summons upon request of the plaintiff. The form and | ||||||
| 12 | substance of the
summons, and of all other process, and the | ||||||
| 13 | issuance of alias process,
and the service of copies of | ||||||
| 14 | pleadings shall be according to
rules. | ||||||
| 15 | (a-5) Additional notice; individual defendant. In an | ||||||
| 16 | action against an individual defendant, the summons shall | ||||||
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| 1 | include an additional form notice that at a minimum includes a | ||||||
| 2 | statement about the importance of obtaining legal advice and, | ||||||
| 3 | when such services are available in that judicial circuit, the | ||||||
| 4 | following additional information: available sources of legal | ||||||
| 5 | and procedural information from the court, bar associations, | ||||||
| 6 | and a statewide, nonprofit organization providing free online | ||||||
| 7 | information and resources on Illinois law for lower-income | ||||||
| 8 | Illinois residents; self-help centers, advice desks, or other | ||||||
| 9 | similar resources based in that judicial circuit; bar | ||||||
| 10 | association lawyer referral resources; legal aid hotlines and | ||||||
| 11 | other legal aid resources for individuals who cannot afford a | ||||||
| 12 | lawyer; court interpreters and other accommodations for | ||||||
| 13 | individuals with disabilities; and any other required | ||||||
| 14 | information for the particular cause of action at issue. The | ||||||
| 15 | contents of the notice shall be established by Supreme Court | ||||||
| 16 | Rule. | ||||||
| 17 | (a-10) Additional notice; assigned claim. In an action for | ||||||
| 18 | damages against an individual defendant that is based on an | ||||||
| 19 | assigned claim, the plaintiff shall also attach the following | ||||||
| 20 | form notice to the complaint: | ||||||
| 21 | NOTICE REQUIRED UNDER ILLINOIS LAW
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| 22 | The suit against you is based on what is known under the | ||||||
| 23 | law as an assignment. Under the law, when you owe a person or | ||||||
| 24 | company money, they may be able to give someone else the right | ||||||
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| 1 | to collect that money from you. When that happens, it is called | ||||||
| 2 | an assignment, and that is what the person or company filing | ||||||
| 3 | this lawsuit against you is claiming happened in this case. | ||||||
| 4 | Under the law, the person or company filing the suit | ||||||
| 5 | against you is required to state how and when the person or | ||||||
| 6 | company acquired the debt. If the person or company is claiming | ||||||
| 7 | the agreement was in writing, a copy of that agreement must be | ||||||
| 8 | attached to the lawsuit filed against you, and you have a right | ||||||
| 9 | to see it. | ||||||
| 10 | This area of the law is complicated. It is recommended that | ||||||
| 11 | you consult a lawyer to assist you. Proceeding without a lawyer | ||||||
| 12 | may result in you losing rights you would have kept if you | ||||||
| 13 | consulted a competent lawyer. You may be able to find a lawyer | ||||||
| 14 | by contacting a bar association in your area. If you cannot | ||||||
| 15 | afford a lawyer, you may be able to get free or low-cost legal | ||||||
| 16 | help from a legal aid organization. | ||||||
| 17 | (b) One or more duplicate original summonses may be issued, | ||||||
| 18 | marked
"First Duplicate," "Second Duplicate," etc., as the case | ||||||
| 19 | may be,
whenever it will facilitate the service of summons in | ||||||
| 20 | any one or more
counties, including the county of venue. | ||||||
| 21 | (Source: P.A. 82-280.)".
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