Illinois Compiled Statutes
735 ILCS 5/2-403 (2026)
Who may be plaintiff - Assignments - Subrogation
✓ current as of May 2026
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(735 ILCS 5/2-403)
(from Ch. 110, par. 2-403)
Sec. 2-403.
Who may be plaintiff - Assignments - Subrogation.
(a) The assignee and owner of a non-negotiable chose in action may
sue thereon in his or her own name. Such person shall in his or her pleading
on oath allege
that he or she is the actual bona fide owner thereof, and set forth how and
when he or she acquired title. The action is subject to any defense or
set-off
existing before notice of the assignment.
(b) In all cases in which the chose in action consists of wages due
or to become due to the assignor thereof from the defendant in the
action, at least 5 days' written notice of the pendency of the action
shall be served upon the assignor, before the trial of the same. Upon
application of the assignor of the chose in action the court shall allow
him or her to intervene and be made a party to the action.
The assignor, or the
defendant to the action on behalf of the assignor, shall be allowed to set
up or affirmatively maintain any just setoff, discount or defense which
the assignor may have to the assignment of the chose in action, or to the
indebtedness, the payment of which is secured by the assignment of the chose
in action. The
court, by jury or otherwise, shall ascertain the amount of the
indebtedness remaining due and unpaid from the assignor to the assignee
of the chose in action. The judgment, if any, against the defendant
shall not exceed the amount so found to be due and unpaid from the
assignor to the assignee of the chose in action. Judgment for the
balance, if any, remaining due from the defendant, upon the assigned
chose in action, shall be rendered in favor of the assignor and against
the defendant in the action or proceeding. The court may
enter any order
as to costs in the proceeding that may be equitable.
(c) Any action hereafter brought by virtue of the subrogation
provision of any contract or by virtue of subrogation by operation of
law shall be brought either in the name or for the use of the subrogee;
and the subrogee shall in his or her pleading on oath,
or by his or her
affidavit if pleading is not required, allege that he or she is the actual bona
fide subrogee and set forth how and when he or she became subrogee.
(d) A judgment in an action brought and conducted by a subrogee by
virtue of the subrogation provision of any contract or by virtue of any
subrogation by operation of law, whether in the name of the subrogor or
otherwise, is not a bar or a determination on the merits of the case or
any aspect thereof in an action by the subrogor to recover upon any
other cause of action arising out of the same transaction or series of
transactions.
(Source: P.A. 83-707.)
Notes of Decisions
Cited in 29
cases (2 in the last 5 years), 2000–2024 · leading case: Rawoof v. Texor Petroleum Co., Inc., 521 F.3d 750 (7th Cir. 2008).
Rawoof v. Texor Petroleum Co., Inc., 521 F.3d 750 (7th Cir. 2008). “See 735 ILCS 5/2-403(a); Kennedy v. Deere & Co.”
Stand. Bank & Trust Co. v. Madonia, 2011 IL App (1st) 103516 (Ill. App. Ct. 2011). “The Madonias further assert that Standard Bank’s exhibit, attached to its complaint for foreclosure, did not contain a copy of any assignment from the original lender (Bank of Lyons) to Standard Bank.”
Unifund CCR Partners v. Shah, 2013 IL App (1st) 113658 (Ill. App. Ct. 2013). “First, we determined that section 2-403 of the Code of Civil Procedure (735 ILCS 5/2-403 (West 2008)) authorizes an assignee for collection to file suit in its own name in order to collect a debt.”
Dubina v. Mesirow Realty Dev., Inc., 756 N.E.2d 836 (Ill. 2001). “See 735 ILCS 5/2-403 (West 1994). In this case, however, we cannot look at the assignment of plaintiffs' claims in a vacuum, but must consider the assignments in conjunction with the settlement agreements.”
Gadson v. Among Friends Adult Day Care, Inc., 2015 IL App (1st) 141967 (Ill. App. Ct. 2015). “” 735 ILCS 5/2-403(c) (West 2010). ¶ 24 It is undisputed here that the property damage lawsuit at issue was filed in the name of plaintiff, who was the subrogor, not the subrogee.”
Gadson v. Among Friends Adult Day Care, Inc., 2015 IL App (1st) 141967 (Ill. App. Ct. 2015). “We must determine whether the trial court properly interpreted section 2-403 of the Code of Civil Procedure (735 ILCS 5/2-403 (West 2010)) in dismissing this action No.”
Safeco Ins. v. Jelen, 886 N.E.2d 555 (Ill. App. Ct. 2008). “If Minnesota law applies, Safeco may not seek subrogation against any of the defendants because Minnesota law forbids it. See Minn.Stat. § 65B.”
Developers Sur. & Indem. Co. v. Lipinski, 2017 IL App (1st) 152658 (Ill. App. Ct. 2017). “¶ 28 Section 2-403(c) of the Code (735 ILCS 5/2-403(c) (West 2012)) provides, “Any action hereafter brought by virtue of the subrogation provision of any contract or by virtue of subrogation by operation of law shall be brought either in the name or for the use of the subrogee.”
Stand. Bank & Trust Co. v. Madonia, 964 N.E.2d 118 (Ill. App. Ct. 2011). “The Madonias further assert that Standard Bank's exhibit, attached to its complaint for foreclosure, did not contain a copy of any assignment from the original lender (Bank of Lyons) to Standard Bank. Consequently, the Madonias argue that Standard Bank's complaint amounted to a…”
Puritan Fin. v. Bechstein Constr. Corp., 2012 IL App (1st) 112261 (Ill. App. Ct. 2012). “The first appears in section 2-403(a) of the Code of Civil Procedure (Code) (735 ILCS 5/2-403(a) (West 2008)), which provides as follows: “The assignee and owner of a non-negotiable chose in action may sue thereon in his or her own name.”
Developers Sur. & Indem. Co. v. Lipinski, 2017 IL App (1st) 152658 (Ill. App. Ct. 2017). “¶ 28 Section 2-403(c) of the Code (735 ILCS 5/2-403(c) (West 2012)) provides, “Any action hereafter brought by virtue of the subrogation provision of any contract or by virtue of subrogation by operation of law shall be brought either in the name or for the use of the subrogee.”
Primus Fin. Servs. v. Walters, 2015 IL App (1st) 151054 (Ill. App. Ct. 2016). “See 735 ILCS 5/2-403(a) (West 2012) (when an assignee of a chose in action brings suit, the assignee must set forth in its pleading how and when it acquired title); 735 ILCS 5/2-606 (West 2012) (if a claim is founded upon a written instrument, a copy of that instrument must be…”
— 735 ILCS 5/2-403(a) — 11 cases
Rawoof v. Texor Petroleum Co., Inc., 521 F.3d 750 (7th Cir. 2008). “See 735 ILCS 5/2-403(a); Kennedy v. Deere & Co.”
Stand. Bank & Trust Co. v. Madonia, 2011 IL App (1st) 103516 (Ill. App. Ct. 2011). “The Madonias further assert that Standard Bank’s exhibit, attached to its complaint for foreclosure, did not contain a copy of any assignment from the original lender (Bank of Lyons) to Standard Bank.”
Unifund CCR Partners v. Shah, 2013 IL App (1st) 113658 (Ill. App. Ct. 2013). “First, we determined that section 2-403 of the Code of Civil Procedure (735 ILCS 5/2-403 (West 2008)) authorizes an assignee for collection to file suit in its own name in order to collect a debt.”
Stand. Bank & Trust Co. v. Madonia, 964 N.E.2d 118 (Ill. App. Ct. 2011). “The Madonias further assert that Standard Bank's exhibit, attached to its complaint for foreclosure, did not contain a copy of any assignment from the original lender (Bank of Lyons) to Standard Bank. Consequently, the Madonias argue that Standard Bank's complaint amounted to a…”
Puritan Fin. v. Bechstein Constr. Corp., 2012 IL App (1st) 112261 (Ill. App. Ct. 2012). “The first appears in section 2-403(a) of the Code of Civil Procedure (Code) (735 ILCS 5/2-403(a) (West 2008)), which provides as follows: “The assignee and owner of a non-negotiable chose in action may sue thereon in his or her own name.”
— 735 ILCS 5/2-403(c) — 7 cases
Developers Sur. & Indem. Co. v. Lipinski, 2017 IL App (1st) 152658 (Ill. App. Ct. 2017). “¶ 28 Section 2-403(c) of the Code (735 ILCS 5/2-403(c) (West 2012)) provides, “Any action hereafter brought by virtue of the subrogation provision of any contract or by virtue of subrogation by operation of law shall be brought either in the name or for the use of the subrogee.”
Gadson v. Among Friends Adult Day Care, Inc., 2015 IL App (1st) 141967 (Ill. App. Ct. 2015). “” 735 ILCS 5/2-403(c) (West 2010). ¶ 24 It is undisputed here that the property damage lawsuit at issue was filed in the name of plaintiff, who was the subrogor, not the subrogee.”
Developers Sur. & Indem. Co. v. Lipinski, 2017 IL App (1st) 152658 (Ill. App. Ct. 2017). “¶ 28 Section 2-403(c) of the Code (735 ILCS 5/2-403(c) (West 2012)) provides, “Any action hereafter brought by virtue of the subrogation provision of any contract or by virtue of subrogation by operation of law shall be brought either in the name or for the use of the subrogee.”
Gadson v. Among Friends Adult Day Care, Inc., 2015 IL App (1st) 141967 (Ill. App. Ct. 2015). “We must determine whether the trial court properly interpreted section 2-403 of the Code of Civil Procedure (735 ILCS 5/2-403 (West 2010)) in dismissing this action No.”
Ansur Am. Ins. Co. v. Borland (S.D. Ill. 2022).
— 735 ILCS 5/2-403(d) — 4 cases
Gadson v. Among Friends Adult Day Care, Inc., 2015 IL App (1st) 141967 (Ill. App. Ct. 2015). “” 735 ILCS 5/2-403(c) (West 2010). ¶ 24 It is undisputed here that the property damage lawsuit at issue was filed in the name of plaintiff, who was the subrogor, not the subrogee.”
Gadson v. Among Friends Adult Day Care, Inc., 2015 IL App (1st) 141967 (Ill. App. Ct. 2015). “We must determine whether the trial court properly interpreted section 2-403 of the Code of Civil Procedure (735 ILCS 5/2-403 (West 2010)) in dismissing this action No.”
Segovia v. Romero, 2014 IL App (1st) 122392 (Ill. App. Ct. 2014).
Zurich Ins. Co. v. Amcast Indus. Corp. (Ill. App. Ct. 2000).
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