What is the statute of limitations for contract claims in Illinois?
1. Written Contracts
735 ILCS 5/13-206 imposes a 10-year SOL for actions on bonds, promissory notes, bills of exchange, written leases, written contracts, or other evidences of indebtedness in writing. Illinois's 10-year window is among the longest.
2. Oral Contracts
735 ILCS 5/13-205 provides a 5-year SOL for oral contracts, unwritten obligations, and civil actions not otherwise provided for.
3. Sealed Instruments / Promissory Notes
Promissory notes fall under the 10-year written-contract SOL. Illinois does not retain a separate sealed-instrument period.
4. Sale of Goods (UCC Article 2)
810 ILCS 5/2-725 (UCC § 2-725) provides a 4-year SOL for breach-of-sales claims from tender of delivery (not discovery). Parties may shorten to 1 year by original agreement; extensions are barred.
5. Open Account / Account Stated
Open accounts and accounts stated use the 5-year SOL under § 13-205. The clock runs from the last item or acknowledgment.
6. Accrual Rule
The cause accrues at breach. Each missed installment under an installment contract starts its own SOL.
7. Discovery Rule for Fraudulent Concealment
Illinois applies the discovery rule to contract claims where the injury was inherently undiscoverable. Section 13-215 tolls SOL for fraudulent concealment.
8. Tolling
735 ILCS 5/13-211 tolls SOL for minority and legal disability. SCRA tolls for active military service.
9. Contractual Modification of SOL
Illinois permits reasonable contractual shortening of SOL. Extensions are generally unenforceable unless made after accrual.
10. Borrowing Statute
735 ILCS 5/13-210 borrows the shorter SOL when the cause of action arose in another state, particularly against a non-resident defendant.
This is legal information, not legal advice.
- Your contract is a hybrid of written and oral terms
- You need to determine if SOL has been tolled by fraudulent concealment
- A borrowing-statute issue arises with an out-of-state defendant
- 735 ILCS 5/13-206
- 735 ILCS 5/13-205
- 810 ILCS 5/2-725
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.