HB5198 97TH GENERAL ASSEMBLY

LRB097 18569 AJO 63801 b

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.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by adding Section 5-126.3 as follows:

(735 ILCS 5/5-126.3 new)

Sec. 5-126.3. Defendant's attorney's fees in an action on a contract. 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.