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Public Act 102-0908


 

Public Act 0908 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0908
 
HB0625 EnrolledLRB102 11520 LNS 16854 b

    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
changing Section 13-207 as follows:
 
    (735 ILCS 5/13-207)  (from Ch. 110, par. 13-207)
    Sec. 13-207. Counterclaim or set-off. A defendant may
plead a set-off or counterclaim barred by the statute of
limitation or the statute of repose, while held and owned by
him or her, to any action, the cause of which was owned by the
plaintiff or person under whom he or she claims, before such
set-off or counterclaim was so barred, and not otherwise. This
section shall not affect the right of a bona fide assignee of a
negotiable instrument assigned before due. The changes made to
this Section by this amendatory Act of the 102nd General
Assembly apply to claims initiated on or after the effective
date of this amendatory Act of the 102nd General Assembly and
to claims intentionally filed to preclude a defendant a
reasonable opportunity to file a counterclaim within the
original limitation period.
(Source: P.A. 83-707.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/27/2022