Bill Text: IL HB5198 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Code of Civil Procedure. Provides that if a contract allows for the recovery of attorney's fees in an action brought to enforce the contract, the court may also allow reasonable attorney's fees to the defendant if the defendant prevails in the action.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5198 Detail]

Download: Illinois-2011-HB5198-Amended.html

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Rep. Daniel Biss

Filed: 3/20/2012

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AMENDMENT TO HOUSE BILL 5198
AMENDMENT NO. ______. Amend House Bill 5198 by replacing
everything after the enacting clause with the following:
"Section 5. The Code of Civil Procedure is amended by
adding Section 5-126.3 as follows:
(735 ILCS 5/5-126.3 new)
Sec. 5-126.3. Defendant's attorney's fees in an action on a
contract.
(a) If a contract allows for the recovery of attorney's
fees in an action brought to enforce a contract, the court may
also allow reasonable attorney's fees and costs to the
defendant under this Section, if the defendant requests
attorney's fees and costs in the defendant's initial responsive
pleading and (i) the court finds in the defendant's favor on a
motion, an affirmative defense or counterclaim, or in the
underlying action, or (ii) if the plaintiff dismisses the

09700HB5198ham001 - 2 - LRB097 18569 AJO 67586 a
action within 72 hours before trial.
(b) This Section shall not apply if the plaintiff does not
request attorney's fees in the complaint or if each party to
the contract was represented by counsel in the negotiation and
execution of the contract.
(c) For the purposes of this Section, attorney's fees for
any party shall be limited to the greater of $1,250 or 25% of
the amount in controversy, but in no event shall the attorney's
fees exceed 25% of the maximum amount of a judgment allowable
for a small claim under the Illinois Supreme Court Rules.
(d) This Section applies only to actions filed on or after
January 1, 2013.".