Illinois Statute of Limitations on Debt Collection

Any type of debt has an end period to prevent a collection agency from being able to file a lawsuit outside of a time period that is called the statute of limitations. Before a consumer agrees to pay off their debt, they should check what the statute of limitations is for their state to ensure that the debt is still due and payable. In Illinois:

  • Domestic judgments: 20 years, but there can be a renewal during the 20-year period
  • Non-Sufficient Funds (NSF or Payment of Negotiable Instruments) checks: 3 years from the dishonor of the draft or 10 years after the date of the draft, whichever has expired first: 810 ILCS 5/3-118
  • Open account or unwritten contract: 5 years (Except, as provided in 810 ILCS 5/2- 725 (UCC), actions based on a written contract must be filed within 10 years. However, if a payment or a new written promise to make a payment is made during that 10 year time frame, the action may be started within 10 years after the date of the payment or the promise to pay).

If you want to get any more information or if you have questions about the Statute of Limitations in Illinois, contact The Consumer Advocacy Center at 312-782-5808.