Full Text of HB4931 96th General Assembly
HB4931ham001 96TH GENERAL ASSEMBLY
|
Judiciary I - Civil Law Committee
Filed: 2/10/2010
|
|
09600HB4931ham001 |
|
LRB096 16786 AJO 35560 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 4931
| 2 |
| AMENDMENT NO. ______. Amend House Bill 4931 on page 1, by | 3 |
| replacing line 5 with the following:
| 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,
| 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 |
|
|
|
09600HB4931ham001 |
- 2 - |
LRB096 16786 AJO 35560 a |
|
| 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
| 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 |
|
|
|
09600HB4931ham001 |
- 3 - |
LRB096 16786 AJO 35560 a |
|
| 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.)".
|
|