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2-410.Actions against joint debtors or partners.

Article II. Civil Practice · Part 4. Parties · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceSection 2-410 lets a plaintiff sue joint obligors, including partners, together or separately, and makes clear that a judgment against fewer than all of them doesn't bar suing the rest, though only one recovery is allowed.

Full Text of 735 ILCS 5/2-410

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All parties to a joint obligation, including a partnership obligation, may be sued jointly, or separate actions may be brought against one or more of them. A judgment against fewer than all the parties to a joint or partnership obligation does not bar an action against those not included in the judgment or not sued. Nothing herein permits more than one satisfaction.

Plain-English Summary

Everyone bound by a joint obligation — including a partnership obligation — can be sued together in one action, or the plaintiff can bring separate actions against one or more of them individually. A judgment against fewer than all the parties to that joint or partnership obligation doesn't stop a later action against those who weren't included in the judgment or weren't sued at all.

The one limit: nothing in the section lets a plaintiff collect more than one satisfaction of the underlying debt, no matter how many separate judgments or actions it takes to get there.

Frequently Asked Questions

Can a plaintiff sue all the parties to a joint obligation together?

Yes. All parties to a joint obligation, including a partnership obligation, may be sued jointly, or separate actions may be brought against one or more of them.

If a plaintiff gets a judgment against only some of the joint obligors, can it still sue the rest later?

Yes. A judgment against fewer than all the parties to a joint or partnership obligation does not bar an action against those not included in the judgment or not sued.

Can a plaintiff collect the same debt twice through separate judgments?

No. Nothing in this section permits more than one satisfaction of the obligation.

Does this section apply to partnership obligations as well as ordinary joint obligations?

Yes. It expressly covers parties to a joint obligation, including a partnership obligation.

Is a plaintiff required to sue every joint obligor in a single case?

No. The plaintiff may sue them jointly or bring separate actions against one or more of them individually.

Amendment History

(Source: P.A. 82-280.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source
Also known as: suing joint debtors illinoissuing partners individually illinoisone satisfaction rule illinois civil procedurejoint obligation lawsuit illinois