Illinois General Assembly - Illinois Compiled Statutes

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770 ILCS 60/13

(770 ILCS 60/13) (from Ch. 82, par. 13)

Sec. 13. Defendant shall answer as in other civil actions.

(a) The owner may
make any defense against the contractor by way of counter claim that he
could in any civil action for the payment of money, and may have the same
right of recovery on proof
of such in excess of the claim of the contractor against the contractor
only, but for matters not growing out of the contract recovery shall be
without prejudice to the rights of the sub-contractors thereunder for
payment out of the contract price or fund.

(b)  In any proceedings to enforce a
lien on account of wages due for labor the claimant need file only an
affidavit giving the amount due, between what dates the labor was performed
and the kind of labor performed, and the court shall direct the amount due
for wages as therein specified to be paid within a short day to be fixed by
the court, unless within 10 days after the filing of the claim the amount
claimed is contested by the owner or some other party to the suit.  The
party making such contest shall file an affidavit which shall state his
defense to the allowance of the claim, and the court shall proceed at once
to hear the evidence, and determine the merits of the claim, and in the
event the allowance for wages is not paid within the time fixed by the
court, the court shall order the premises sold to pay the amount in such
manner as it directs.

(Source: P.A. 94-627, eff. 1-1-06.)