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| | HB0625 Enrolled | | LRB102 11520 LNS 16854 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 13-207 as follows:
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| 6 | | (735 ILCS 5/13-207) (from Ch. 110, par. 13-207)
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| 7 | | Sec. 13-207. Counterclaim or set-off. A defendant may |
| 8 | | plead
a set-off or counterclaim barred by
the statute of |
| 9 | | limitation or the statute of repose, while held and owned by |
| 10 | | him or her, to any action,
the cause of which was owned by the |
| 11 | | plaintiff or person under whom he
or she claims, before such |
| 12 | | set-off or counterclaim was so barred, and not
otherwise. This |
| 13 | | section shall not affect the right of a bona
fide assignee of a |
| 14 | | negotiable instrument assigned before due. The changes made to |
| 15 | | this Section by this amendatory Act of the 102nd General |
| 16 | | Assembly apply to claims initiated on or after the effective |
| 17 | | date of this amendatory Act of the 102nd General Assembly and |
| 18 | | to claims intentionally filed to preclude a defendant a |
| 19 | | reasonable opportunity to file a counterclaim within the |
| 20 | | original limitation period.
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| 21 | | (Source: P.A. 83-707.)
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| 22 | | Section 99. Effective date. This Act takes effect upon |