Sec. 10. Attorney's fees.

141 words·~1 min read·/il/chapter-815/act-604/10

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 10. Attorney's fees. If a consumer contract allows for the recovery of attorney's fees in an action brought by a commercial party to enforce the consumer contract, the court may award reasonable attorney's fees to the defendant if the defendant prevails in the action. A defendant prevails in an action if:

(1)judgment is entered by the court in favor of the defendant;

(2)a motion to dismiss the case is filed by the defendant under Section 2-619 of the

Code of Civil Procedure and is granted by the court; or

(3)the plaintiff voluntarily dismisses the pending case under Section 2-1009 of the

Code of Civil Procedure after a trial date has been set and after the pending case has been previously filed on the same consumer contract and dismissed under Section 2-1009 of the Code of Civil Procedure.