Statute of limitations on debt in Illinois

10 years to sue on a written contract and 5 years on an open account (735 ILCS 5/13-206 (written contracts); 735 ILCS 5/13-205 (unwritten contracts)).

Short answer

In Illinois, a creditor or debt collector has 10 years to sue on a written contract and 5 years to sue on an open account or unwritten agreement. Think twice before paying on an old debt in Illinois: Yes, for written debts, if the payment or new promise to pay is in writing: you can then be sued within 10 years after that payment or promise.

Written contracts
10 years
Open accounts and unwritten agreements
5 years
Can a payment restart the clock?
Yes, it can

How long collectors have to sue in Illinois

Law
735 ILCS 5/13-206 (written contracts); 735 ILCS 5/13-205 (unwritten contracts)
Official text
Read the law

Illinois's 10 years for written contracts is longer than the most common limit in our 48 state guides (6 years); 8 states, Illinois included, have this limit. It is the longest limit in our guides (8 states). For comparison, the written-contract limit is 10 years in Iowa, 10 years in Missouri, 10 years in Kentucky and 6 years in Indiana.

Suing a collector in Illinois

If a collector breaks the rules: IDFPR can discipline and fine agencies up to $10,000 per violation (205 ILCS 740/9), and any person may go to court to stop an unlicensed agency (205 ILCS 740/14a). You can sue a debt collector that breaks the federal FDCPA (15 U.S.C. § 1692k).

Does paying restart the time limit in Illinois?

Yes, for written debts, if the payment or new promise to pay is in writing: you can then be sued within 10 years after that payment or promise. (735 ILCS 5/13-206)

Is my debt too old? Check Illinois's time limit

Illinois: 10 years for a written contractEnter the date of your last payment to see when the time limit ends.

If you are sued on an old debt in Illinois

Say in your written answer that the debt is too old. Deadline in Illinois: Most debt cases: file an appearance and answer within 30 days after you are served, not counting the day of service (Ill. S. Ct. Rule 101(d)). Smaller money claims may use a summons with a set court date: you must appear on that day (Ill. S. Ct. Rule 101(b)).

If you don't appear or answer on time, a default judgment may be entered against you for what the complaint asks.

What to do if you are sued in Illinois

What to do about an old debt in Illinois

  1. Match the debt to the right limit

    Illinois gives 10 years for written contracts and 5 years for open accounts. Not sure which a credit card is? Try both in the checker.

  2. Don't pay or sign yet

    In Illinois: Yes, for written debts, if the payment or new promise to pay is in writing: you can then be sued within 10 years after that payment or promise.

  3. Make the collector prove it

    A dispute letter sent within 30 days of the validation notice makes the collector verify the debt.

  4. Look the collector up

    A collector working in Illinois needs a license. Search: Official license lookup.

  5. Complain about a suit on a time-barred debt

    Complain to Illinois Attorney General, Consumer Protection Division (also IDFPR for licensed collection agencies) and to the CFPB at consumerfinance.gov/complaint. Phone: 1-800-386-5438 (Chicago); 1-800-243-0618 (Springfield); 1-866-310-8398 (Spanish).

Old debts and your credit report

Federal rules bar a collector from suing, or threatening to sue, on a time-barred debt (12 CFR 1006.26(b)). Most collections must come off a credit report 7 years after a 180-day period that starts when you first fall behind (15 U.S.C. 1681c). In Illinois, the time limit of 10 years to sue on a written contract can outlast the 7 years a collection may stay on your report. All the federal rules: time-barred debt guide.

Where to get free help in Illinois

Questions about old debts in Illinois

How long can a debt collector sue me in Illinois?

10 years for written contracts and 5 years for open accounts and unwritten agreements (735 ILCS 5/13-206 (written contracts); 735 ILCS 5/13-205 (unwritten contracts)).

Does paying on an old debt restart the clock in Illinois?

Yes, for written debts, if the payment or new promise to pay is in writing: you can then be sued within 10 years after that payment or promise. (735 ILCS 5/13-206)

How long do collectors have to sue on an unwritten agreement in Illinois?

For open accounts and unwritten agreements, Illinois's limit is 5 years (735 ILCS 5/13-206 (written contracts); 735 ILCS 5/13-205 (unwritten contracts)).

Related Illinois pages

Sources

Last checked: Oct 24, 2026.

Federal sources