97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5198

 

Introduced 2/8/2012, by Rep. Daniel Biss

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/5-126.3 new

    Amends the Code of Civil Procedure. Provides that if a contract allows for the recovery of attorney's fees in an action brought to enforce the contract, the court may also allow reasonable attorney's fees to the defendant if the defendant prevails in the action.


LRB097 18569 AJO 63801 b

 

 

A BILL FOR

 

HB5198LRB097 18569 AJO 63801 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by adding
5Section 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. If a contract allows for the recovery of attorney's
9fees in an action brought to enforce the contract, the court
10may also allow reasonable attorney's fees to the defendant if
11the defendant prevails in the action.