Full Text of HB4931 96th General Assembly
HB4931ham002 96TH GENERAL ASSEMBLY
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Judiciary I - Civil Law Committee
Adopted in House Comm. on Feb 24, 2010
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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 | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Code of Civil Procedure is amended by | 6 |
| changing Sections 2-403 and 2-606 as follows: | 7 |
| (735 ILCS 5/2-403) (from Ch. 110, par. 2-403) | 8 |
| Sec. 2-403. Who may be plaintiff - Assignments - | 9 |
| Subrogation. (a) The assignee and owner of a non-negotiable | 10 |
| chose in action may
sue thereon in his or her own name. Such | 11 |
| person shall in his or her pleading
on oath allege
that he or | 12 |
| she is the actual bona fide owner thereof . An assignee shall | 13 |
| identify with specificity how he or she came to acquire title | 14 |
| to the chose in action, including the name of the original | 15 |
| owner of the chose in action , and set forth how and
when he or | 16 |
| she acquired title . The action is subject to any defense or
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| set-off
existing before notice of the assignment. | 2 |
| (b) In all cases in which the chose in action consists of | 3 |
| wages due
or to become due to the assignor thereof from the | 4 |
| defendant in the
action, at least 5 days' written notice of the | 5 |
| pendency of the action
shall be served upon the assignor, | 6 |
| before the trial of the same. Upon
application of the assignor | 7 |
| of the chose in action the court shall allow
him or her to | 8 |
| intervene and be made a party to the action.
The assignor, or | 9 |
| the
defendant to the action on behalf of the assignor, shall be | 10 |
| allowed to set
up or affirmatively maintain any just setoff, | 11 |
| discount or defense which
the assignor may have to the | 12 |
| assignment of the chose in action, or to the
indebtedness, the | 13 |
| payment of which is secured by the assignment of the chose
in | 14 |
| action. The
court, by jury or otherwise, shall ascertain the | 15 |
| amount of the
indebtedness remaining due and unpaid from the | 16 |
| assignor to the assignee
of the chose in action. The judgment, | 17 |
| if any, against the defendant
shall not exceed the amount so | 18 |
| found to be due and unpaid from the
assignor to the assignee of | 19 |
| the chose in action. Judgment for the
balance, if any, | 20 |
| remaining due from the defendant, upon the assigned
chose in | 21 |
| 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 | 23 |
| any order
as to costs in the proceeding that may be equitable. | 24 |
| (c) Any action hereafter brought by virtue of the | 25 |
| subrogation
provision of any contract or by virtue of | 26 |
| subrogation by operation of
law shall be brought either in the |
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| name or for the use of the subrogee;
and the subrogee shall in | 2 |
| his or her pleading on oath,
or by his or her
affidavit if | 3 |
| pleading is not required, allege that he or she is the actual | 4 |
| bona
fide subrogee and set forth how and when he or she became | 5 |
| subrogee. | 6 |
| (d) A judgment in an action brought and conducted by a | 7 |
| subrogee by
virtue of the subrogation provision of any contract | 8 |
| or by virtue of any
subrogation by operation of law, whether in | 9 |
| the name of the subrogor or
otherwise, is not a bar or a | 10 |
| determination on the merits of the case or
any aspect thereof | 11 |
| in an action by the subrogor to recover upon any
other cause of | 12 |
| action arising out of the same transaction or series of
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| transactions. | 14 |
| (Source: P.A. 83-707.) | 15 |
| (735 ILCS 5/2-606) (from Ch. 110, par. 2-606) | 16 |
| Sec. 2-606. Exhibits. If a claim or defense is founded upon | 17 |
| a written instrument, a copy
thereof, or of so much of the same | 18 |
| as is relevant, must be attached to
the pleading as an exhibit | 19 |
| or recited therein, unless the pleader
attaches to his or her | 20 |
| pleading an affidavit stating facts showing that the
instrument | 21 |
| is not accessible to him or her. In pleading any written | 22 |
| instrument
a copy thereof may be attached to the pleading as an | 23 |
| exhibit. In either
case the exhibit constitutes a part of the | 24 |
| pleading for all purposes. If a written assignment is recited | 25 |
| in the complaint, a copy must be provided to the defendant upon |
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| request. This Section applies to all actions, including small | 2 |
| claims actions. | 3 |
| (Source: P.A. 82-280.)
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| Section 98. Applicability. The changes made by this | 5 |
| amendatory Act of the 96th General Assembly apply to actions | 6 |
| commenced on or after the effective date of this amendatory Act | 7 |
| of the 96th General Assembly.".
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