Illinois General Assembly - Full Text of HB5198
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Full Text of HB5198  97th General Assembly

HB5198ham001 97TH GENERAL ASSEMBLY

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.".