Full Text of SB2705 099th General Assembly
SB2705 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2705 Introduced 2/16/2016, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED: | | 770 ILCS 5/1 | from Ch. 13, par. 14 |
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Amends the Attorneys Lien Act. Makes a technical change in a Section
concerning the creation of liens.
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| | A BILL FOR |
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| | | SB2705 | | LRB099 16793 HEP 41139 b |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Attorneys Lien Act is amended by changing | 5 | | Section 1 as follows:
| 6 | | (770 ILCS 5/1) (from Ch. 13, par. 14)
| 7 | | Sec. 1.
Attorneys at law shall have a lien upon all claims, | 8 | | demands and
and
causes of action, including all claims for | 9 | | unliquidated damages, which may
be placed in their hands by | 10 | | their clients for suit or collection, or upon
which suit or | 11 | | action has been instituted, for the amount of any fee which
may | 12 | | have been agreed upon by and between such attorneys and their | 13 | | clients,
or, in the absence of such agreement, for a reasonable | 14 | | fee, for the
services of such suits, claims, demands or causes | 15 | | of action, plus costs
and expenses.
In the case of a claim, | 16 | | demand, or cause of action with respect to which
the total | 17 | | amount of all liens under the Health Care
Services Lien Act | 18 | | meets or exceeds 40% of the sum paid or due the injured
person, | 19 | | the total amount of all liens under this Act shall not exceed | 20 | | 30% of
the
sum
paid or due the injured person.
All
attorneys | 21 | | shall share proportionate amounts within this statutory | 22 | | limitation.
If an appeal is taken by any party to a suit based | 23 | | on the claim or cause of
action, however,
the attorney's lien |
| | | SB2705 | - 2 - | LRB099 16793 HEP 41139 b |
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| 1 | | shall not
be affected or limited by the provisions of this Act. | 2 | | To enforce such lien, such attorneys shall serve notice in
| 3 | | writing, which service may be made by registered or certified | 4 | | mail, upon
the party against whom their clients may have such | 5 | | suits, claims or causes
of action, claiming such lien and | 6 | | stating therein the interest they have in
such suits, claims, | 7 | | demands or causes of action. Such lien shall attach to
any | 8 | | verdict, judgment or order entered and to any money or property | 9 | | which
may be recovered, on account of such suits, claims, | 10 | | demands or causes of
action, from and after the time of service | 11 | | of the notice. On petition
filed by such attorneys or their | 12 | | clients any court of competent
jurisdiction shall, on not less | 13 | | than 5 days' notice to the
adverse party, adjudicate the rights | 14 | | of the parties and enforce
the lien.
| 15 | | (Source: P.A. 93-51, eff. 7-1-03.)
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