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| Public Act 103-0344 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Consumer Contract Reciprocal Attorney's Fees Act. | ||||
Section 5. Definitions. As used in this Act: | ||||
"Consumer contract" means any contract in which the money, | ||||
property, or service that is the subject of the transaction is | ||||
primarily for personal, family, or household purposes. | ||||
"Commercial party" means the person from whom money, | ||||
property, or services are acquired under the consumer contract | ||||
that is a seller, lender, participating lender, lessor, | ||||
creditor, or assignee. | ||||
"Debt buyer" has the meaning given to that term in Section | ||||
2 of the Collection Agency Act. | ||||
Section 10. Attorney's fees. If a consumer contract allows | ||||
for the recovery of attorney's fees in an action brought by a | ||||
commercial party to enforce the consumer contract, the court | ||||
may award reasonable attorney's fees to the defendant if the | ||||
defendant prevails in the action. A defendant prevails in an | ||||
action if: | ||||
(1) judgment is entered by the court in favor of the | ||||
defendant; | ||
(2) a motion to dismiss the case is filed by the | ||
defendant under Section 2-619 of the Code of Civil | ||
Procedure and is granted by the court; or | ||
(3) the plaintiff voluntarily dismisses the pending | ||
case under Section 2-1009 of the Code of Civil Procedure | ||
after a trial date has been set and after the pending case | ||
has been previously filed on the same consumer contract | ||
and dismissed under Section 2-1009 of the Code of Civil | ||
Procedure. | ||
Section 15. Applicability. | ||
(a) This Act applies to any action filed on or after the | ||
effective date of this Act: | ||
(1) with respect to any consumer contract entered into | ||
on or after the effective date of this Act; if the | ||
commercial party filing the action is a debt buyer, this | ||
Act applies irrespective of when the consumer contract was | ||
made or acquired by the debt buyer; and | ||
(2) if the principal amount claimed does not exceed | ||
the maximum amount of a judgment allowable for a small | ||
claim under the Illinois Supreme Court Rules. | ||
(b) Notwithstanding subsection (a), this Act does not | ||
apply if: | ||
(1) the commercial party does not request attorney's | ||
fees in its complaint; or | ||
(2) each party to the consumer contract was | ||
represented by counsel in the negotiation of the consumer | ||
contract. | ||
Section 20. Right to attorney's fees not limited. Nothing | ||
in this Act shall be construed to apply to or limit the rights | ||
of any party to attorney's fees under any other contract or as | ||
authorized in relation to consumer contracts under other | ||
provisions of State law.
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