Bill Text: IL HB0625 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Code of Civil Procedure. In a provision concerning a counterclaim or set-off, provides that a defendant may plead a set-off or counterclaim barred by the statute of limitation or the statute of repose (rather than only the statute of limitation), 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. Provides that the changes made to this provision apply to claims initiated on or after the effective date of the amendatory Act and to claims intentionally filed to preclude a defendant a reasonable opportunity to file a counterclaim within the original limitation period. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2022-05-27 - Public Act . . . . . . . . . 102-0908 [HB0625 Detail]

Download: Illinois-2021-HB0625-Chaptered.html

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Public Act 102-0908
HB0625 Enrolled LRB102 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.)