815 ILCS 115/ Actions to Enforce Payment Act.

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815 ILCS 115/0.01

(815 ILCS 115/0.01) (from Ch. 17, par. 605.9)

Sec. 0.01.

Short title.

This Act may be cited as the

Actions to Enforce Payment Act.

(Source: P.A. 86-1324.)

815 ILCS 115/2

(815 ILCS 115/2) (from Ch. 17, par. 606)

Sec. 2.

Persons severally liable upon bills of exchange or promissory
notes, payable in money, may all or any of them severally be included in
the same suit at the option of the plaintiff, and judgment rendered in said
suit shall be without prejudice to the rights of the several defendants as
between themselves.

(Source: Laws 1895, p. 262.)

815 ILCS 115/3

(815 ILCS 115/3) (from Ch. 17, par. 607)

Sec. 3.

In any suit mentioned in the preceding section a separate judgment
may be entered by default against any defendant or defendants severally
liable who have been duly served with summons, and against whom the
plaintiff would have been entitled to judgment had the suit been against
such defendant or defendants only. The suit shall thereby be severed, and
shall proceed to trial against the other party or parties in the same
manner as if it had been commenced against such other party or parties
only, and if the plaintiff recover, judgment shall be entered against such
one or more of the defendants as are found liable to him, but in no event
shall the plaintiff be entitled to more than one satisfaction.

(Source: Laws 1895, p. 262.)

815 ILCS 115/4

(815 ILCS 115/4) (from Ch. 17, par. 608)

Sec. 4.

Whenever the drawer or endorser of an accepted bill of exchange or
the endorser or guarantor of a promissory note shall have been joined with
the acceptor of the bill or the maker of the note
in an action to enforce
the collection thereof, and judgment has been entered
against such
drawer, endorser or guarantor who thereafter pays the
same, the person
so paying shall be entitled to have the judgment released as to him, but
the same shall, at his option, stand and may be enforced under
the order of the court against any other party thereto who remains liable
to the party paying as upon the bill or note, for the reimbursement of the
party so paying. If there is any contest as to such liability the court may
order an issue to be made up between the contesting parties, which shall be
summarily determined as the court may direct.

(Source: P.A. 84-546.)

815 ILCS 115/5

(815 ILCS 115/5) (from Ch. 17, par. 609)

Sec. 5.

In all suits on negotiable instruments where any of the defendants
are jointly liable, and only one or more, but not all of them have been
served with summons, if the plaintiff recover, judgment shall be entered in
form against all the defendants so jointly liable, but so far only as that
it may be enforced against the joint property of all and the separate
property of the defendants served.

(Source: Laws 1895, p. 262.)

815 ILCS 115/6

(815 ILCS 115/6)

Sec. 6.

Guarantor liability.

When a guarantor has agreed in writing that
the guarantor is not released by a judgement, settlement, release, or other
discharge of indebtedness of the primary obligor, other guarantor, or third
party liable on the indebtedness, then the judgment, settlement, release, or
other
discharge of indebtedness of the primary obligor, other guarantor, or third
party liable on the indebtedness shall not release or limit the claim on the
indebtedness, or cause the forfeiture, discharge, or extinction of the claim
on the indebtedness, against the guarantor, provided that the
plaintiff shall not be entitled to more than full satisfaction of his, her, or
its claim.

(Source: P.A. 90-321, eff. 8-1-97.)