Rep. Daniel Biss
Filed: 3/20/2012
 
 

 

 

 
09700HB5198ham001LRB097 18569 AJO 67586 a



1
AMENDMENT TO HOUSE BILL 5198 




2    AMENDMENT NO. ______. Amend House Bill 5198 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Code of Civil Procedure is amended  by 
5adding Section 5-126.3 as follows:
 
6    (735 ILCS 5/5-126.3 new)
7    Sec. 5-126.3. Defendant's attorney's fees in an action on a 
8contract.
9    (a)    If a contract allows for the recovery of attorney's 
10fees in an action brought to enforce a contract, the court may 
11also allow reasonable attorney's fees and costs to the 
12defendant under this Section, if the defendant requests 
13attorney's fees and costs in the defendant's initial responsive 
14pleading and (i) the court finds in the defendant's favor on a 
15motion, an affirmative defense or counterclaim, or in the 
16underlying action, or (ii) if the plaintiff dismisses the 
 
 
09700HB5198ham001- 2 -LRB097 18569 AJO 67586 a

1action within 72 hours before trial.
2    (b)    This Section shall not apply if the plaintiff does not 
3request attorney's fees in the complaint or if each party to 
4the contract was represented by counsel in the negotiation and 
5execution of the contract.
6    (c)    For the purposes of this Section, attorney's fees for 
7any party shall be limited to the greater of $1,250 or 25% of 
8the amount in controversy, but in no event shall the attorney's 
9fees exceed 25% of the maximum amount of a judgment allowable 
10for a small claim under the Illinois Supreme Court Rules.
11    (d)    This Section applies only to actions filed on or after 
12January 1, 2013.".