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Statute of Limitations on Debt in Illinois

In Illinois, a creditor generally has 10 years to sue on a written contract or a promissory note and 5 years on an oral contract or an unwritten account.

Last checked . General information, not legal advice.

Illinois at a glance

Written contracts
10 years
A written payment or new written promise to pay starts a new 10-year period.
Oral contracts
5 years
Promissory notes
10 years
Illinois left the uniform 6-year note rule blank, so notes fall under the 10-year written rule.
Open accounts
5 years
No separate open account statute; an account not based on a written contract falls under the 5-year rule for unwritten contracts.

Sources

Last checked

The rules in Illinois

What is the statute of limitations for a written contract in Illinois?

Written contracts in Illinois: 10 years. A written payment or new written promise to pay starts a new 10-year period.

What is the statute of limitations for an oral contract in Illinois?

Oral contracts in Illinois: 5 years.

What is the statute of limitations on a promissory note in Illinois?

Promissory notes in Illinois: 10 years. Illinois left the uniform 6-year note rule blank, so notes fall under the 10-year written rule.

What is the statute of limitations on an open account, such as a credit card, in Illinois?

Open accounts in Illinois: 5 years. No separate open account statute; an account not based on a written contract falls under the 5-year rule for unwritten contracts.

Where do the Illinois statutes of limitations on debt come from?

The rules above come from 735 ILCS 5/13-206, 735 ILCS 5/13-205 and 810 ILCS 5/3-118. Each source is linked on this page. We last checked them in October 2026.

Good to know

A 2026 amendment (P.A. 104-842, effective August 21, 2026) added wage claims to the 10-year section; the periods for debts did not change.

What this means in practice

The clock usually starts when the debt is breached, which for a loan or account is often the date of the missed payment or the last payment made. In some states a new payment or a written acknowledgment of the debt can restart or extend the period, so the starting date matters as much as the length.

A statute of limitations is generally a defense the person being sued has to raise. If a lawsuit on an old debt is filed and nobody responds, the court can enter a judgment even if the period had expired. Judgments have their own, separate enforcement periods.

Which state's deadline applies is not always obvious. Contracts may contain a choice of law clause, and some states have borrowing statutes that apply a shorter period from another state. Federal rules also bar debt collectors from suing or threatening to sue on time-barred consumer debt. For a specific dispute, check the statute and consider talking to an attorney.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.