735 ILCS 5/9-106 — Illinois Code / Chapter 735 / Act 5 / Section 9-106
Section 9-106
Status: in_force

(735 ILCS 5/9-106) (from Ch. 110, par. 9-106) (Text of Section before amendment by P.A. 104-317) Sec. 9-106. Pleadings and evidence. On complaint by the party or parties entitled to the possession of such premises being filed in the circuit court for the county where such premises are situated, stating that such party is entitled to the possession of such premises (describing the same with reasonable certainty), and that the defendant (naming the defendant) unlawfully withholds the possession thereof from him, her or them, the clerk of the court shall issue a summons. The defendant may under a general denial of the allegations of the complaint offer in evidence any matter in defense of the action. Except as otherwise provided in Section 9-120, no matters not germane to the distinctive purpose of the proceeding shall be introduced by joinder, counterclaim or otherwise. However, a claim for rent may be joined in the complaint, and judgment may be entered for the amount of rent found due. (Source: P.A. 90-360, eff. 1-1-98.) (Text of Section after amendment by P.A. 104-317) Sec. 9-106. Pleadings and evidence. (a) On complaint by the party or parties entitled to the possession of such premises being filed in the circuit court for the county where such premises are situated, stating that such party is entitled to the possession of such premises (describing the same with reasonable certainty), and that the defendant (naming the defendant) unlawfully withholds the possession thereof from him, her or them, the clerk of the court shall issue a summons. (b) A complaint may not name a minor as a defendant. As used in this Section, "minor" means a person under the age of 18, unless that person has been ordered emancipated under the Emancipation of Minors Act and has the rights and responsibilities of a mature minor under of the Emancipation of Minors Act. (c) A complaint that names a defendant who is a minor at the time of filing shall be dismissed in its entirety against all defendants. Any action dismissed under this Section shall be immediately sealed under Section 9-121. (d) In addition to any other remedies available to the minor, a minor who is willfully and wantonly named as a defendant in violation of this Section is entitled to reasonable attorney's fees, actual damages, and liquidated damages in the amount of $1,000. (e) Nothing in this Section prohibits a party from refiling an action against any defendants who otherwise may be properly named. Upon dismissing the case under this Section, the court may not waive any fees associated with refiling the action against defendants that are otherwise properly named. (f) The defendant may under a general denial of the allegations of the complaint offer in evidence any matter in defense of the action. Except as otherwise provided in Section 9-120, no matters not germane to the distinctive purpose of the proceeding shall be introduced by joinder, counterclaim or otherwise. However, a claim for rent may be joined in the complaint, and judgment may be entered for the amount of rent found due. (Source: P.A. 104-317, eff. 1-1-26.)