Illinois § 12-178 Cases excepted

Illinois Statutes

§ 12-178 — Cases excepted

Illinois § 12-178

JurisdictionIllinois

TopicRIGHTS AND REMEDIES

Ch. 735CIVIL PROCEDURE

Act 735 ILCS 5/Code of Civil Procedure.

Art.Article XII - Judgments - Enforcement

This text of Illinois § 12-178 (Cases excepted) is published on Counsel Stack Legal Research, covering Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

735 Ill. Comp. Stat. 12-178 (2026).

Text

Such set-off shall not be allowed in the following cases: 1. When the creditor in one of the judgments is not in the same capacity and trust as the debtor in the other.

2.When the sum due on the first judgment was lawfully and in good faith assigned to another person, before the creditor in the second judgment became entitled to the sum due thereon.

3.When there are several creditors in one judgment, and the sum due on the other is due from a part of them only.

4.When there are several debtors in one judgment, and the sum due on the other is due to a part of them only.

5.It shall not be allowed as to so much of the first judgment as is due to the attorney in that action for his or her fees and disbursements therein.

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Such set-off shall not be allowed in the following cases: 1. When the creditor in one of the judgments is not in the same capacity and trust as the debtor in the other. 2. When the sum due on the first judgment was lawfully and in good faith assigned to another person, before the creditor in the second judgment became entitled to the sum due thereon. 3. When there are several creditors in one judgment, and the sum due on the other is due from a part of them only. 4. When there are several debtors in one judgment, and the sum due on the other is due to a part of them only. 5. It shall not be allowed as to so much of the first judgment as is due to the attorney in that action for his or her fees and disbursements therein.