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91_HB2663
LRB9104261DJcdA
1 AN ACT to amend the Code of Civil Procedure by adding
2 Section 2-1012.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 adding Section 2-1012 as follows:
7 (735 ILCS 5/2-1012 new)
8 Sec. 2-1012. Attorneys fees in small claims action based
9 on contract. In an action based on contract that qualifies
10 as a small claim under the Supreme Court Rules, if the
11 contract does not otherwise provide for attorney's fees, then
12 the party who is determined to be the party prevailing on the
13 contract shall be entitled to reasonable attorney's fees in
14 addition to costs. Reasonable attorney's fees awarded
15 pursuant to this Section shall not exceed (i) 25% of the
16 principal obligation alleged to have been owed under the
17 contract if the defendant prevails or (ii) 25% of the
18 principal obligation included in the judgment, if the
19 plaintiff prevails.