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(735 ILCS 5/2-403) (from Ch. 110, par. 2-403)
Sec. 2-403.
Who may be plaintiff - Assignments - Subrogation.
(a) The assignee and owner of a non-negotiable chose in action may
sue thereon in his or her own name. Such person shall in his or her pleading
on oath allege
that he or she is the actual bona fide owner thereof, and set forth how and
when he or she acquired title. The action is subject to any defense or
set-off
existing before notice of the assignment.
(b) In all cases in which the chose in action consists of wages due
or to become due to the assignor thereof from the defendant in the
action, at least 5 days' written notice of the pendency of the action
shall be served upon the assignor, before the trial of the same. Upon
application of the assignor of the chose in action the court shall allow
him or her to intervene and be made a party to the action.
The assignor, or the
defendant to the action on behalf of the assignor, shall be allowed to set
up or affirmatively maintain any just setoff, discount or defense which
the assignor may have to the assignment of the chose in action, or to the
indebtedness, the payment of which is secured by the assignment of the chose
in action. The
court, by jury or otherwise, shall ascertain the amount of the
indebtedness remaining due and unpaid from the assignor to the assignee
of the chose in action. The judgment, if any, against the defendant
shall not exceed the amount so found to be due and unpaid from the
assignor to the assignee of the chose in action. Judgment for the
balance, if any, remaining due from the defendant, upon the assigned
chose in action, shall be rendered in favor of the assignor and against
the defendant in the action or proceeding. The court may
enter any order
as to costs in the proceeding that may be equitable.
(c) Any action hereafter brought by virtue of the subrogation
provision of any contract or by virtue of subrogation by operation of
law shall be brought either in the name or for the use of the subrogee;
and the subrogee shall in his or her pleading on oath,
or by his or her
affidavit if pleading is not required, allege that he or she is the actual bona
fide subrogee and set forth how and when he or she became subrogee.
(d) A judgment in an action brought and conducted by a subrogee by
virtue of the subrogation provision of any contract or by virtue of any
subrogation by operation of law, whether in the name of the subrogor or
otherwise, is not a bar or a determination on the merits of the case or
any aspect thereof in an action by the subrogor to recover upon any
other cause of action arising out of the same transaction or series of
transactions.
(Source: P.A. 83-707.)
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