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
Full Text of 735 ILCS 5/2-410
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.)