ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/14-109 (2026)

Seeking wrong remedy not fatal

✓ current as of May 2026
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(735 ILCS 5/14-109) (from Ch. 110, par. 14-109)
    Sec. 14-109. Seeking wrong remedy not fatal. Where relief is sought under Article XIV of this Act and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff has pleaded or established facts which entitle the plaintiff to relief but that the plaintiff has sought the wrong remedy, the court shall permit the pleadings to be amended, on just and reasonable terms, and the court shall grant the relief to which the plaintiff is entitled on the amended pleadings or upon the evidence. In considering whether a proposed amendment is just and reasonable, the court shall consider the right of the defendant to assert additional defenses, to demand a trial by jury, to plead a counterclaim or third party complaint, and to order the plaintiff to take additional steps which were not required under the pleadings as previously filed.
(Source: P.A. 82-280.)


 
    (735 ILCS 5/Art. XV heading)
ARTICLE XV
MORTGAGE FORECLOSURE


 
    (735 ILCS 5/Art. XV Pt. 11 heading)
Part 11. General Provisions

    
Notes of Decisions
Cited in 3 cases, 2014–2016 · leading case: Lavite v. Dunstan, 2016 IL App (5th) 150401 (Ill. App. Ct. 2016).
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Lavite v. Dunstan, 2016 IL App (5th) 150401 (Ill. App. Ct. 2016). “735 ILCS 5/14-109 (West 2014). With regard to civil cases, generally, section 2-616(a) of the Code allows for amendments to 15 the pleadings.”
Lavite v. Dunstan, 2016 IL App (5th) 150401 (Ill. App. Ct. 2016). “735 ILCS 5/14-109 (West 2014). With regard to civil cases, generally, section 2-616(a) of the Code allows for amendments to the pleadings.”
Dumas v. Pappas, 2014 IL App (1st) 121966 (Ill. App. Ct. 2014). “" 735 ILCS 5/14-109 (West 2010). ¶ 23 The plaintiffs' reliance on section 14-109 is misplaced.”
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