Illinois debt statute of limitations

Illinois limitation periods by type of debt

Open-account debt is 5 years (5/13-205); written contracts 10 years. Credit-card debt governed by a written cardholder agreement is sometimes treated as the 10-year written period.

What the Illinois statute says

“actions on bonds, promissory notes, bills of exchange, written leases, written contracts, any indebtedness of any kind that is secured by a mortgage, or other evidences of indebtedness in writing and actions brought under the Illinois Wage Payment and Collection Act shall be commenced within 10 years next after the cause of action accrued”
735 ILCS 5/13-206

“actions on unwritten contracts, expressed or implied, or on awards of arbitration, or to recover damages for an injury done to property, real or personal, or to recover the possession of personal property or damages for the detention or conversion thereof, and all civil actions not otherwise provided for, shall be commenced within 5 years next after the cause of action accrued.”
735 ILCS 5/13-205

Does paying restart the clock in Illinois?

On a written debt, a payment or a new written promise to pay starts the period again from that date (735 ILCS 5/13-206).

“but if any payment or new promise to pay has been made, in writing, on any bond, note, bill, lease, contract, or other written evidence of indebtedness, within or after the period of 10 years, then an action may be commenced thereon at any time within 10 years after the time of such payment or promise to pay.”
735 ILCS 5/13-206

Illinois’s own debt collection law

The Illinois Collection Agency Act (205 ILCS 740) licenses and regulates collection agencies, and it defines debt buyers that purchase delinquent consumer debt.

“"Debt buyer" means a person that is engaged in the business of purchasing delinquent or charged-off consumer loans or consumer credit accounts or other delinquent consumer debt for collection purposes, whether it collects the debt itself or hires a third party to collect or hires an attorney-at-law for litigation to collect such debt.”
205 ILCS 740/2

If a creditor wins a judgment in Illinois

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Illinois rules take over.

How long a judgment lasts

In Illinois a judgment generally cannot be enforced after 7 years unless revived (revival is available up to 20 years after entry), but a consumer debt judgment against a natural person entered on or after the January 1, 2026 effective date of P.A. 104-120 cannot be revived and is enforceable for 15 years after entry; consumer debt judgments entered from January 1, 2020 until then can be revived only by a petition filed within 10 years of entry.

“A consumer debt judgment entered on or after the effective date of this amendatory Act of the 104th General Assembly may not be revived but may be enforceable for a period of 15 years after its entry.”
735 ILCS 5/2-1602(a-10)(3) (P.A. 104-120, eff. Jan. 1, 2026); see also 735 ILCS 5/12-108(a)

Wage garnishment

Illinois limits a wage deduction order to the lesser of 15% of gross weekly wages or the amount by which weekly disposable earnings exceed 45 times the greater of the federal or Illinois minimum hourly wage.

“The wages, salary, commissions and bonuses subject to collection under a deduction order, for any work week shall be the lesser of (1) 15% of such gross amount paid for that week or (2) the amount by which disposable earnings for a week exceed 45 times the Federal Minimum Hourly Wage”
735 ILCS 5/12-803

Small claims court

Under Illinois Supreme Court Rule 281, a small claim is a civil action in tort or contract for money not exceeding $10,000, exclusive of interest and costs.

“For the purpose of the application of Rules 281 through 288, a small claim is a civil action based on either tort or contract for money not in excess of $10,000, exclusive of interest and costs.”
Ill. S. Ct. R. 281

Time-barred debt in Illinois

Illinois law requires debt buyers that sue on consumer debt to file within the applicable statute of limitations period.

“Debt buyers initiating actions upon an obligation arising out of a consumer debt shall be commenced within the applicable statute of limitations period.”
205 ILCS 740/8.6(a)

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Illinois treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Illinois?

5 years for credit-card debt and 10 years on a written contract, under 735 ILCS 5/13-206; 5/13-205. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in Illinois?

On a written debt, a payment or a new written promise to pay starts the period again from that date (735 ILCS 5/13-206).

Does Illinois have its own debt collection law?

The Illinois Collection Agency Act (205 ILCS 740) licenses and regulates collection agencies, and it defines debt buyers that purchase delinquent consumer debt. (205 ILCS 740/2).

How long does a court judgment last in Illinois?

In Illinois a judgment generally cannot be enforced after 7 years unless revived (revival is available up to 20 years after entry), but a consumer debt judgment against a natural person entered on or after the January 1, 2026 effective date of P.A. 104-120 cannot be revived and is enforceable for 15 years after entry; consumer debt judgments entered from January 1, 2020 until then can be revived only by a petition filed within 10 years of entry. (735 ILCS 5/2-1602(a-10)(3) (P.A. 104-120, eff. Jan. 1, 2026); see also 735 ILCS 5/12-108(a)).

How much of my pay can be garnished in Illinois?

Illinois limits a wage deduction order to the lesser of 15% of gross weekly wages or the amount by which weekly disposable earnings exceed 45 times the greater of the federal or Illinois minimum hourly wage. (735 ILCS 5/12-803).

What if I am sued on an old debt in Illinois?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.