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Public Act 102-0908
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| HB0625 Enrolled | LRB102 11520 LNS 16854 b |
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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 5. The Code of Civil Procedure is amended by |
changing Section 13-207 as follows:
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(735 ILCS 5/13-207) (from Ch. 110, par. 13-207)
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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.
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(Source: P.A. 83-707.)
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Section 99. Effective date. This Act takes effect upon |