Illinois General Assembly - Bill Status for HB 4931

Amends the Code of Civil Procedure. Provides that a person who commences more than 10 civil actions in a calendar year seeking money damages against natural persons shall attach to the summons a specified notice that includes advising the defendant to get legal advice and, if the defendant does not have an attorney, information about lawyer referral services or legal aid organizations. Provides that if an action is based on an assigned claim, the notice shall include a statement that the assignee of a debt suing to collect the debt is required to state how and when the assignee and any prior assignee acquired the debt and quote from or include a copy of the assignment. Provides that in all actions, including small claims, the pleading of an assignee and owner of a non-negotiable chose in action shall state how and when any prior assignee acquired title to the chose in action. Provides that a judgment on an assigned claim shall include a finding that the assignee has complied with these provisions. Provides that a written assignment that is necessary to entitle the pleader to assert a claim is a document on which the claim is founded. Provides that if a written assignment is recited in the complaint, a copy must be provided to the defendant upon request and that this provision applies to all cases, including small claims.

Deletes language regarding a notice to be attached to a summons by a person who files more than 10 civil actions in a calendar year. Adds language providing that: a summons issued in an action against an individual defendant shall include an additional notice that includes a statement about the importance of obtaining legal advice and the availability of legal assistance, lawyer referral services, and court interpreters and other accommodations for individuals with disabilities; and in an action for damages against an individual defendant based on an assigned claim, the plaintiff shall also attach a notice that describes an assignment, the legal requirements for bringing an action based upon an assignment, the right to a copy of any assignment, and other matters.

Replaces everything after the enacting clause. Further amends the Code of Civil Procedure. In provisions concerning a claim based upon an assignment, provides that an assignee shall identify with specificity how he or she came to acquire title to the chose in action, including the name of the original owner of the chose in action (instead of set forth how and when that he or she acquired title). Provides that the provisions concerning exhibits to pleadings applies to all actions, including small claims. Provides that if a written assignment is recited in the complaint, a copy must be provided to the defendant upon request. Provides that the changes made apply to actions commenced on or after the effective date.

Date	Chamber	Action
1/11/2011	House	Session Sine Die

Date	Chamber	Action
1/14/2010	House	Filed with the Clerk by Rep. Michael J. Zalewski
1/15/2010	House	First Reading
1/15/2010	House	Referred to Rules Committee
1/27/2010	House	Assigned to Judiciary I - Civil Law Committee
2/10/2010	House	House Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
2/10/2010	House	House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
2/10/2010	House	Remains in Judiciary I - Civil Law Committee
2/24/2010	House	House Committee Amendment No. 2 Filed with Clerk by Judiciary I - Civil Law Committee
2/24/2010	House	House Committee Amendment No. 2 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
2/24/2010	House	Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 015-000-000
2/24/2010	House	Placed on Calendar 2nd Reading - Short Debate
3/25/2010	House	Second Reading - Short Debate
3/25/2010	House	Held on Calendar Order of Second Reading - Short Debate
3/26/2010	House	Rule 19(a) / Re-referred to Rules Committee
1/11/2011	House	Session Sine Die

	Adds reference to:
	735 ILCS 5/2-201	from Ch. 110, par. 2-201