Illinois has two main deadlines for suing over a debt: 10 years if the debt is based on a written contract, and 5 years if it isn’t. Which one applies depends on the paperwork, so the same kind of debt can fall on either side of that line.
At a glance
- Written contracts, notes, written leases
- 10 years [1]
- Unwritten contracts (express or implied)
- 5 years [2]
- Restarting the 10-year clock
- A payment or new promise to pay, made in writing [1]
- After the deadline
- Collectors can't sue or threaten to sue [4]
- Credit report
- About 7 years from first delinquency, separately [3]
| Type of debt | Deadline | Law |
|---|---|---|
| Written contract, promissory note, bond, written lease, or other written evidence of debt | 10 years | 735 ILCS 5/13-206 |
| Unwritten contract, express or implied | 5 years | 735 ILCS 5/13-205 |
Written vs. unwritten
Illinois law gives 10 years for actions on “written contracts, or other evidences of indebtedness in writing,” including promissory notes, bonds and written leases [1]. A loan with a signed note is the typical example.
Everything based on an unwritten contract, express or implied, gets 5 years [2]. That covers deals made by handshake, and agreements that a court finds were implied from how the parties acted.
What about credit cards and open accounts?
Credit cards, store accounts and other open accounts are where it gets harder. There may be a written cardholder agreement, but if the collector can’t produce paperwork showing all the essential terms of the deal, the debt may be treated as unwritten, which means the 5-year deadline. Which deadline applies to your account can turn on the documents the creditor has, so this is a good question to put to a consumer attorney if you’re sued.
When the clock starts and what restarts it
The clock generally starts when the creditor could first sue, which for most consumer debts is around when you missed a payment and defaulted. For written debts, Illinois law says that if a payment or new promise to pay is made in writing, the creditor gets a fresh 10 years from that payment or promise [1].
What “time-barred” means
A debt is time-barred once the deadline to sue has passed. You may still owe it, and a collector can still contact you, but under federal rules the collector can’t sue or threaten to sue you over it [4].
If you’re sued anyway, don’t ignore it. The deadline is a defense you generally have to raise in court. Read the summons, file your appearance and answer on time, and say the debt is too old. If you don’t respond, the court can enter a judgment against you.
The credit report clock is different
How long a debt can stay on your credit report is a separate, federal rule. Under the Fair Credit Reporting Act, collection accounts and charged-off accounts generally can’t be reported once they’re more than seven years old, and the seven years start 180 days after the delinquency began [3]. Paying, settling or being sued doesn’t reset that date.
If an old account is still on your report after that, you can dispute it with the credit bureaus for free.
Where to get help
- Illinois Court Help: call or text 833-411-1121, or visit ilcourthelp.gov, for help with court forms and process.
- Illinois Legal Aid Online (illinoislegalaid.org): free guides to answering a debt lawsuit.
- Consumer Financial Protection Bureau (consumerfinance.gov): takes complaints about debt collectors [4].
Sources
Common questions
How long can a creditor sue on a debt in Illinois?
10 years for written contracts and other written evidence of debt, and 5 years for unwritten contracts. Which one applies depends on the paperwork behind your debt.
Can a debt collector sue me after the statute of limitations runs out?
Under federal rules, a collector can't sue or threaten to sue on a debt once the deadline has passed. You can still be contacted about it, and a lawsuit filed anyway has to be answered.
Does the Illinois deadline change how long a debt stays on my credit report?
No. Most negative accounts come off a credit report about seven years after the delinquency started, under federal law, no matter what the Illinois deadline to sue is.