93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6264


 
Introduced 02/06/04, by Tom Cross
 
SYNOPSIS AS INTRODUCED:
 		













770 ILCS 5/1
  from Ch. 13, par. 14








    Amends the Attorneys Lien Act.  Makes a stylistic change in provisions
concerning the creation of liens.
















LRB093 14592 LCB 40099 b

















 


 


A BILL FOR









 











HB6264

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    AN ACT concerning liens. 

 
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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 Attorneys Lien Act is amended by changing

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Section 1 as follows:


 



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    (770 ILCS 5/1)  (from Ch. 13, par. 14)


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    Sec. 1. Attorneys at law shall have a lien upon all claims, 
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demands and
causes of action, including all claims for 
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unliquidated damages, which may
be placed in their hands by 
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their clients for suit or collection, or upon
which suit or 
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action has been instituted, for the amount of any fee which
may 
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have been agreed upon by and between such attorneys and their 
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clients,
or, in the absence of such agreement, for a reasonable 
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fee, for the
services of such suits, claims, demands or causes 
15
of action, plus costs
and expenses.
In the case of a claim, 
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demand, or cause of action with respect to which
the total 
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amount of all liens under the Health Care
Services Lien Act 
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meets or exceeds 40% of the sum paid or due the injured
person, 
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the total amount of all liens under this Act shall not exceed 
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30% of
the
sum
paid or due the injured person.
All
attorneys 
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shall share proportionate amounts within this statutory 
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limitation.
If an appeal is taken by any party to a suit based 
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on the claim or cause of
action, however,
the attorney's lien 
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shall not
be affected or limited by the provisions of this Act.

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    To enforce the
such lien, such attorneys shall serve notice 
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in
writing, which service may be made by registered or 
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certified mail, upon
the party against whom their clients may 
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have such suits, claims or causes
of action, claiming such lien 
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and stating therein the interest they have in
such suits, 
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claims, demands or causes of action.  Such lien shall attach to

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any verdict, judgment or order entered and to any money or 
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property which
may be recovered, on account of such suits, 
 


 






HB6264
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claims, demands or causes of
action, from and after the time of 
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service of the notice.  On petition
filed by such attorneys or 
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their clients any court of competent
jurisdiction shall, on not 
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less than 5 days' notice to the
adverse party, adjudicate the 
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rights of the parties and enforce
the lien.

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(Source: P.A. 93-51, eff. 7-1-03.)