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Judiciary I - Civil Law Committee
Adopted in House Comm. on Feb 24, 2010
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09600HB4931ham002 |
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LRB096 16786 AJO 37322 a |
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| AMENDMENT TO HOUSE BILL 4931
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| AMENDMENT NO. ______. Amend House Bill 4931, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Code of Civil Procedure is amended by |
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| changing Sections 2-403 and 2-606 as follows:
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| (735 ILCS 5/2-403) (from Ch. 110, par. 2-403) |
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| Sec. 2-403. Who may be plaintiff - Assignments - |
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| Subrogation. (a) The assignee and owner of a non-negotiable |
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| chose in action may
sue thereon in his or her own name. Such |
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| person shall in his or her pleading
on oath allege
that he or |
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| she is the actual bona fide owner thereof. An assignee shall |
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| identify with specificity how he or she came to acquire title |
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| to the chose in action, including the name of the original |
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| owner of the chose in action , and set forth how and
when he or |
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| she acquired title. The action is subject to any defense or
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09600HB4931ham002 |
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LRB096 16786 AJO 37322 a |
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| set-off
existing before notice of the assignment. |
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| (b) In all cases in which the chose in action consists of |
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| wages due
or to become due to the assignor thereof from the |
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| defendant in the
action, at least 5 days' written notice of the |
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| pendency of the action
shall be served upon the assignor, |
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| before the trial of the same. Upon
application of the assignor |
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| of the chose in action the court shall allow
him or her to |
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| intervene and be made a party to the action.
The assignor, or |
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| the
defendant to the action on behalf of the assignor, shall be |
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| allowed to set
up or affirmatively maintain any just setoff, |
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| discount or defense which
the assignor may have to the |
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| assignment of the chose in action, or to the
indebtedness, the |
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| payment of which is secured by the assignment of the chose
in |
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| action. The
court, by jury or otherwise, shall ascertain the |
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| amount of the
indebtedness remaining due and unpaid from the |
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| assignor to the assignee
of the chose in action. The judgment, |
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| if any, against the defendant
shall not exceed the amount so |
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| found to be due and unpaid from the
assignor to the assignee of |
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| the chose in action. Judgment for the
balance, if any, |
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| remaining due from the defendant, upon the assigned
chose in |
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| action, shall be rendered in favor of the assignor and against
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| the defendant in the action or proceeding. The court may
enter |
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| any order
as to costs in the proceeding that may be equitable. |
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| (c) Any action hereafter brought by virtue of the |
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| subrogation
provision of any contract or by virtue of |
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| subrogation by operation of
law shall be brought either in the |
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09600HB4931ham002 |
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LRB096 16786 AJO 37322 a |
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| name or for the use of the subrogee;
and the subrogee shall in |
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| his or her pleading on oath,
or by his or her
affidavit if |
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| pleading is not required, allege that he or she is the actual |
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| bona
fide subrogee and set forth how and when he or she became |
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| subrogee. |
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| (d) A judgment in an action brought and conducted by a |
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| subrogee by
virtue of the subrogation provision of any contract |
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| or by virtue of any
subrogation by operation of law, whether in |
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| the name of the subrogor or
otherwise, is not a bar or a |
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| determination on the merits of the case or
any aspect thereof |
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| in an action by the subrogor to recover upon any
other cause of |
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| action arising out of the same transaction or series of
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| transactions. |
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| (Source: P.A. 83-707.)
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| (735 ILCS 5/2-606) (from Ch. 110, par. 2-606) |
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| Sec. 2-606. Exhibits. If a claim or defense is founded upon |
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| a written instrument, a copy
thereof, or of so much of the same |
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| as is relevant, must be attached to
the pleading as an exhibit |
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| or recited therein, unless the pleader
attaches to his or her |
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| pleading an affidavit stating facts showing that the
instrument |
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| is not accessible to him or her. In pleading any written |
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| instrument
a copy thereof may be attached to the pleading as an |
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| exhibit. In either
case the exhibit constitutes a part of the |
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| pleading for all purposes. If a written assignment is recited |
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| in the complaint, a copy must be provided to the defendant upon |