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.
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Terms Used In Illinois Compiled Statutes 815 ILCS 604/10

  • Contract: A legal written agreement that becomes binding when signed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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