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Illinois Statutes of LimitationsLEGAL RESEARCH, ANALYSIS, AND ADVOCACYFOR ATTORNEYSFounded in 1969, NLRG is the nation’s oldest and largestprovider of legal research services to attorneys. We haveserved more than 50,000 attorneys in private practice,corporate legal departments, and state and local governmentoffices at the rate of 3,500 cases per year. Our attorneystaff, chosen for their outstanding academic credentials andwriting ability, most of whom engaged in private practicebefore joining us, have on average 18 years of experience, andspecialize according to area of law. Preliminary consultationsand cost estimates are provided without obligation.How to contact us:E-mail research@nlrg.comPhone 800-727-6574Fax 434-817-6570Web www.nlrg.comAddress PO Box 7187, Charlottesville, VA 22906How to use our services: Call 1-800-727-6574. Tell our telephone receptionist thatyou need to speak with the SeniorAttorney who specializes in the areaof law involved in your case. If youalready know the attorney with whomyou would like to speak, just ask forthat attorney. Tell our Senior Attorney what youneed and when you need it.Our Senior Attorney will work with youto define exactly what issues should beresearched and the most appropriatework product. He or she will give youa cost estimate for doing the researchyou have requested. There is nocharge for the initial consultation andcost estimate, and you are under noobligation to proceed. We never exceedthe agreed-upon cost estimate withoutyour approval.If you prefer, you may e-mail or faxus your tentative request and thedocumentation you would like us toreview. We will review those materialsfree of charge and call to discuss thematter and give you a cost estimate atyour convenience. Again, there is noobligation to proceed.
Illinois Statutes of limitationsThe following is an alphabetical listing of Illinois statutes of limitations arranged by area of law. Only thosestatutes that establish a time period are included. Statutes that establish general rules for the applicationand interpretation of statutes of limitations have been omitted. No attempt has been made to systematicallyinclude tolling periods or rules, administrative or regulatory time limits, or appeals periods. The informationpresented here is intended for use as a quick reference. The applicability of each limitations period will needto be determined on a case-by-case basis through examination of the entire statute and relevant case law.This publication is designed to provide accurate and authoritative information in regard to the subjectmatter covered. It is offered with the understanding that the publisher is not engaged in rendering legalservices. If legal advice is required, the services of a competent attorney should be sought. (From aDeclaration of Principles jointly adopted by a Committee of the American Bar Association and a Committeeof Publishers and Associations.)Area of LawABUSE OF PROCESSLimitations PeriodStatute2 years735 ILCS 5/13-2022 years from date of violation or dateplaintiff knew or should have known ofviolation, but no more than 5 years fromdate of injury735 ILCS 5/13214.2Actions on open accounts for services5 years735 ILCS 5/13-205Actions on open accounts for sales4 years810 ILCS 5/2-725Rule challenge2 years from the effective date the rule5 ILCS 100/5-35Action to review final administrativedecisionAppeal filed within 35 days735 ILCS 5/3-103Action to set aside waiver12 months from date of waiver750 ILCS 50/11Action to set aside consent12 months from date of consent750 ILCS 50/11For vacant land on which taxes are beingpaid7 years after paying taxes continually onthe land735 ILCS 5/13-110Without color of title20 years735 ILCS 5/13-101With record title7 years735 ILCS 5/13-107With color of title and payment of alltaxes on the property7 years735 ILCS 5/13-109ACCOUNTINGAction based on violation of the IllinoisPublic Accounting ActACCOUNTS [See also U.C.C.]ADMINISTRATIVE LAW [See alsoUNEMPLOYMENT COMPENSATION]ADOPTIONADVERSE POSSESSION[See also REAL PROPERTY] 2012 National Legal Research Group, Inc.1
Area of LawLimitations PeriodStatuteAGRICULTUREIllegal purchase of wild plants6 months720 ILCS 400/2Claim alleging contract in violation of theagricultural Production Contract Code4 years after the party claiming theviolation knew or should have known ofthe violation505 ILCS 17/55ALCOHOLIC BEVERAGESCivil action for service of alcohol to minors 2 years740 ILCS 58/5ANIMAL CRUELTYCivil action for animal cruelty2 years510 ILCS 70/16.34 years740 ILCS 10/75 years735 ILCS 5/132053 years after the cause of action accrues810 ILCS 5/4-111–action to enforce the obligation of aparty to a certificate of deposit to pay theinstrumentmust be commenced within 6 years afterdemand for payment is made to themaker, but if the instrument states a duedate and the maker is not required to paybefore that date, the 6-year period beginswhen a demand for payment is in effectand the due date has passed810 ILCS 5/3118(e)—action to enforce the obligation of aparty to an unaccepted draft to pay thedraftmust be commenced within 3 years after810 ILCS 5/3dishonor of the draft or 10 years after the118(c)date of the draft, whichever period expiresfirst—action to enforce the obligation of aparty to pay an accepted draft, other thana certified check(i) within 6 years after the due date ordates stated in the draft or acceptance ifthe obligation of the acceptor is payableat a definite time, or (ii) within 6 yearsafter the date of the acceptance if theobligation of the acceptor is payable ondemand.810 ILCS 5/3118(f)—action to enforce the obligation of theacceptor of a certified check or the issuerof a teller’s check, cashier’s check, ortraveler's checkcommenced within 3 years after demandfor payment is made to the acceptor orissuer, as the case may be.810 ILCS 5/3118(d)Criminal action for animal cruelty[See CRIMES]ANTITRUSTCivil action for antitrust violationCriminal action for antitrust violation[See CRIMES]ARBITRATION AWARDSBANKINGAction to enforce an obligation, dutyor right arising under Article 4, entitled“Bank Deposits and Collections”Negotiable instruments 2012 National Legal Research Group, Inc.2
Area of LawLimitations PeriodStatuteBONDSGenerally10 years735 ILCS 5/13206Sheriff's bonds3 years735 ILCS 5/19-115CIVIL ACTIONS5 years for all civil actions not otherwiseprovided for735 ILCS 5/13205Construction actions arising out of design,planning, supervision, observation, ormanagement4 years from the date person knew orshould have known of defect735 ILCS 5/13-214CONSORTIUMThe same limitations as the personal injury 735 ILCS 5/13action filed in conjunction with the claim203CONSTRUCTIONCONSUMER PROTECTION815 ILCS 505/10aClaim arising out of the Consumer Fraudand Deceptive Business Practices Act3 years after the cause of action accrued;provided that, whenever any action isbrought by the Attorney General or aState's Attorney for a violation of this Act,the running of the foregoing statute oflimitations, with respect to every privateright of action for damages which isbased in whole or in part on any mattercomplained of in said action by theAttorney General or State's Attorney,shall be suspended during the pendencythereof, and for one year thereafterRecovery of payday loansaction may not be filed until 28 days after 815 ILCS 122/2-45default date of loan, and if repayment planis negotiated, no default will be foundCONTRACTSWritten contracts10 years735 ILCS 5/13-206Unwritten contracts5 years735 ILCS 5/13-205Common-law conversion action5 years735 ILCS 5/13-205Conversion of negotiable instruments[See also BANKING]3 years810 ILCS 5/3-118Claims against a dissolved corporation5 years805 ILCS 5/12.80Known claims against dissolved limitedliability company90 days from notice of dissolution805 ILCS 180/2545Unknown claims against a dissolved LLC5 years from publication of notice ofdissolution805 ILCS 180/2550Tax recovery action against corporation7 years from filing of annual tax report805 ILCS 5/15.90CONVERSIONCORPORATIONS 2012 National Legal Research Group, Inc.3
Area of LawLimitations PeriodStatuteCREDITORSClaims alleging a violation of the Collection 5 years after the occurrence of the allegedAgency Actviolation225 ILCS 425/9.5Creditors claims against an estate,dissolved corporation, limited liabilitycompany, or partnership[See CORPORATIONS, PARTNERSHIPS,WILLS AND ESTATES]CRIMESAll offenses with limitation unlessotherwise provided for3 years720 ILCS 5/3-5All offenses without limitation–Child pornography under (1) 11-20.1B(a),no limitationor (2) any offense involving sexual conductor sexual penetration, as defined byCriminal Code 11-0. 1 in which DNA profileof offender is obtained and entered intoa DNA database within 10 years after thecommission of the offense720 ILCS 5/3-5—Concealment of homicidal death, treason, no limitationarson, aggravated arson, forgery, childpornography under of Section 11-20.1(a)720 ILCS 5/3-5—Failure to give information and render aid no limitationunder Illinois Vehicle Code 11-403720 ILCS 5/3-5—Leaving the scene of an accidentinvolving deathno limitation720 ILCS 5/3-5—Murder, manslaughter, reckless homicideno limitation720 ILCS 5/3-5DEFAMATION1 year735 ILCS 5/13-201DISCRIMINATION2 years735 ILCS 5/13-202Death of party entitled to commence anactionaction may be commenced by his or herrepresentative before the expiration of thetime limited or within one year from his orher death, whichever date is the later735 ILCS 5/13-209Death of party against whom an actionmay be broughtaction may be commenced against hisor her personal representative after theexpiration of the time limited and within 6months after the person's death735 ILCS 5/13-209Minors or persons under legal disabilityif person entitled to bring an action735 ILCS 5/13-211specified in sections 13-201 through 13-210of the Civil Procedures Act at the time thecause of action accrued, is under the age18 years, or under a legal disability, thenaction may be brought within 2 years afterthe person attains the age of 18 years orthe disability is removedOut of statetolls the limitation for the period theindividual is out of the State and notsubject to the jurisdiction of the courtEXCEPTIONS TO LIMITATIONS 2012 National Legal Research Group, Inc.735 ILCS 5/13-2084
Area of LawLimitations PeriodStatuteFALSE IMPRISONMENT[See PERSONAL INJURY]FORFEITURECivil action contesting forfeiture pursuantto Drug Asset Forfeiture Procedure Act5 years after the last conduct giving riseto forfeiture became known or shouldhave become known or 5 years afterthe forfeitable property is discovered,whichever is later725 ILCS 150/91 year from date of discovery or date theviolation should have been discoveredbut no more than 3 years from date printpurchased815 ILCS 345/8Actions brought under Illinois WagePayment and Collection Act10 years735 ILCS 5/13206FORECLOSURE10 years735 ILCS 5/13-1155 years from date of fraud735 ILCS 5/13-215Action seeking indemnity for contributionthat did not arise out of litigation2 years from the date the party seekingcontribution or indemnity made payment735 ILCS 5/13204Action seeking indemnity for contributionthat arose out of litigation2 years after the party seekingcontribution or indemnity has beenserved with process in the underlyingaction or more than 2 years from thetime the party, or his or her privy, knewor should reasonably have known of anact or omission giving rise to the actionfor contribution or indemnity, whicheverperiod expires later735 ILCS 5/132042 years735 ILCS 5/13214.4Generally7 years, but renewable735 ILCS 5/12-108Child support judgmentsno limitation735 ILCS 5/12-108FINE ARTViolation of the Fine Prints Disclosure ActEMPLOYMENTFRAUDFraudulent concealmentINDEMNITYINSURANCEAction against an insurance providerconcerning the sale, placement,procurement, renewal, cancellation of, orfailure to procure any policy of insuranceJUDGMENTSLIBEL [See DEFAMATION]MALICIOUS PROSECUTION[See ABUSE OF PROCESS] 2012 National Legal Research Group, Inc.5
Area of LawLimitations PeriodStatuteMALPRACTICEAccounting2 years from date of violation or dateplaintiff knew or should have known ofviolation, but no more than 5 years fromdate of injury735 ILCS 5/13214.2Attorney2 years from date of malpractice or dateplaintiff knew or should have known ofmalpractice, but not more than 6 yearsfrom date of malpractice735 ILCS 5/13214.3Dentistry3 years from date of complaint225 ILCS 25/23Medical2 years from date the plaintiff knew orshould have known of the injury, but nomore than 4 years from date of injury;however, if plaintiff is under the age of18 at time of injury, the limitation periodis 8 years from date the plaintiff knew orshould have known of the injury, but nocause of action may be brought after thechild's 22nd birthday735 ILCS 5/13-2122 years740 ILCS 140/6-Known claims against a dissolvedpartnership120 days after receipt of notice805 ILCS 215/806-Unknown claims against a dissolvedpartnership5 years after published notification805 ILCS 215/806PERSONAL INJURY[See also PRODUCTS LIABILITY]2 years735 ILCS 5/13202Medical malpractice2 years from date the plaintiff knew orshould have known of the injury but nomore than 4 years from date of injury;however, if plaintiff is under the age of18 at time of injury, the limitation periodis 8 years from date the plaintiff knew orshould have known of the injury, but nocause of action may be brought after thechild's 22nd birthday735 ILCS 5/13-212—Action based on commission of a ClassX or first-degree murder10 years735 ILCS 5/13214.1—Action arising out of the PredatorAccountability Act10 years from sex trade act735 ILCS 5/13-225MENTAL HEALTH[See PERSONAL INJURY]Action alleging a violation of theSexual Exploitation in Psychotherapy,Professional Health Services, andProfessional Mental Health Services ActPARTNERSHIPSDissolved partnershipsCivil actions arising out of criminal acts 2012 National Legal Research Group, Inc.6
Area of LawLimitations PeriodStatutePERSONAL INJURY [Continued]—Action for damages based on personalinjury not involving criminal first-degreemurder or Class X felony2 years735 ILCS 5/13202—Statutory penalty or personal injuryaction alleging childhood sexual abuse20 years from date of abuse or date abuse 735 ILCS 5/13was, or should have been, reasonably202.2discovered—Statutory penalty or personal injuryaction based on first degree murderno limitation735 ILCS 5/13202.1PRODUCTS LIABILITY12 years from the date of first sale, lease,or delivery of possession by a selleror 10 years from the date of first sale,lease, or delivery of possession to itsinitial user, consumer, or other nonseller,whichever period expires earlier, of anyproduct unit that is claimed to haveinjured or damaged the plaintiff, unlessthe defendant expressly has warranted orpromised the product for a longer periodand the action is brought within thatperiod735 ILCS 5/13-2132 years from date service provided220 ILCS 5/9-252PUBLIC UTILITIESClaim for overpayment of feesViolation of the Illinois Underground Utility 2 years from date of violationFacilities Damage Prevention Act220 ILCS 50/12Claim for compensation of a loss causedby the release, in Illinois, of radioactivityfrom the regional disposal facility5 years from the date of the discovery ofthe damage or loss420 ILCS 20/157 years735 ILCS 5/13-102REAL PROPERTYAction brought alleging breach ofcondition subsequent in contract for realpropertyAdverse possession[See ADVERSE POSSESSION]Construction actions arising out of design,planning, supervision, observation ormanagement [See CONSTRUCTION]Exceptions to Statute of Limitations 2012 National Legal Research Group, Inc.If, at the time when such right of entry or735 ILCS 5/13-112of action upon or for lands first accrues,the person entitled to such entry or actionis a minor, or person under legal disability,imprisoned or absent from the UnitedStates in the service of the United Statesor of this State, such person or any oneclaiming from, by or under him or her, maymake the entry or bring the action at anytime within 2 years after such disability isremoved, notwithstanding the time beforelimited in that behalf has expired.7
Area of LawLimitations PeriodStatuteReal Property (Continued)Enforcement of liens against the property30 years, but renewable for an additional10 years if conditions are met735 ILCS 5/13-116Home Inspector actions5 years225 ILCS 441/1530Injury done to property5 years735 ILCS 5/13205—Written10 years735 ILCS 5/13206—Unwritten5 years735 ILCS 5/13205Violations of Illinois Real Estate TimeshareAct of 19995 years735 ILCS 10115/85PROMISSORY NOTES10 years735 ILCS 5/13206RAILROAD ACTIONS3 years735 ILCS 5/13-219Foreclosure [See FORECLOSURE]LeasesREAL ESTATE BROKERS/APPRAISERSAction for damages arising out of the RealEstate License Act of 2000225 ILCS 454/152 years from date of violation or dateplaintiff knew or should have known of the 70violation but no more than 5 years fromdate of violationDisciplinary action for real estateappraisermust be commenced within 5 years afterthe occurrence of the alleged violation orwithin 2 years after final disposition of anyjudicial proceeding, including any appeals,in which the appraiser provided testimonyrelated to the assignment, whicheverperiod expires last.225 ILCS 458/15301 year745 ILCS 15/2ROADWAYSPersonal injury action against countyengineer or superintendent of highways 2012 National Legal Research Group, Inc.8
Area of LawLimitations PeriodStatuteSECURITIES [See also CRIMES]Civil claim for a violation of the IllinoisSecurities Law of 19533 years from the date of sale provided that 815 ILCS 5/13if the party bringing the action neitherknew nor in the exercise of reasonablediligence should have known of anyalleged violation of subsections E, F, G,H, I, or J of Section 12 of this Act which isthe basis for the action, the 3-year periodprovided herein shall begin to run uponthe earlier of (1) the date upon whichthe party bringing the action has actualknowledge of the alleged violation ofthis Act; or (2) the date upon which theparty bringing the action has notice offacts which in the exercise of reasonablediligence would lead to actual knowledgeof the alleged violation of this Act; but inno event shall the period of limitation soextended be more than 2 years beyondthe expiration of the 3 year periodotherwise applicableCriminal prosecution for a violation of theIllinois Securities Law of 19533 years after the violation upon whichsuch prosecution is based provided,however, that if the accused hasintentionally concealed evidence of aviolation of subsections E, F, G, H, I, J,or K of Section 12 of this Act, the periodof limitation prescribed herein shall beextended up to an additional 2 years afterthe proper prosecuting officer becomesaware of the offense but in no suchevent shall the period of limitation soextended be more than 2 years beyondthe expiration of the period otherwiseapplicable815 ILCS 5/14Claim alleging violation of the PrivateDetective, Private Alarm, Private Security,Fingerprint Vendor, and Locksmith Act of20045 years225 ILCS 447/4050SERVICE LIENS1 year from date of service if lien isproperly filed770 ILCS 45/1;770 ILCS 45/2SECURITYSLANDER [See DEFAMATION] 2012 National Legal Research Group, Inc.9
Area of LawLimitations PeriodStatute—Action against public officers andemployees based in tort or contract2 years from date of injury or date plaintiffknew or should have known of injury, butno more than 6 years from date of injury745 ILCS 10/8-101—All other actions against public officersand employees1 year745 ILCS 10/8-101All claims against the State not expresslyaccounted for in statute2 years705 ILCS 505/22Action alleging public contractormisconduct6 years after the date of the contract orthe date upon which the State discoveredthe misconduct, whichever is later720 ILCS 5/33-7Claims against State arising out ofcontract5 years745 ILCS 505/22Claims against State by vendors of goodsor services under Illinois Public Aid Code1 year705 ILCS 505/22SURVEYOR ACTIONS4 years after person knew or should haveknown of negligence735 ILCS 5/13-222Violation of the Retailers' Occupation TaxAct6 years35 ILCS 120/5Claim for refund of the service occupationtax3 years from January 1 or July 1 claim wasdue35 ILCS 115/19Claim for refund of inheritance or transfertaxwithin 1 year after the last date allowableby the I.R.S. for filing a claim for refund35 ILCS 405/14Collection of delinquent real estate taxes20 years from date of delinquency35 ILCS 200/20190Collection of delinquent specialassessment30 years from date of delinquency35 ILCS 200/20190Collection of unpaid income tax owed4 years from the end of the calendar yearat during which tax return was filed50 ILCS 45/30Taxpayer's claim for refundmust be filed within 5 years from date theright to a refund arose35 ILCS 200/20175TRADE SECRETS5 years from date misappropriation was orshould have been discovered765 ILCS 1065/7STATE GOVERNMENTActions against public officers andemployeesTAXESU.C.C.Breach of contract for sale 2012 National Legal Research Group, Inc.4 years, but contract may limit time period 810 ILCS 5/2-725to not less than 1 year10
Area of LawLimitations PeriodStatuteUNEMPLOYMENT COMPENSATIONAction for review of administrativedecisionmust be filed within 35 days of whendecision was served735 ILCS 5/3-103Recovery of unpaid unemploymentinsurance from an employer4 years from date of contributions820 ILCS405/2207WHISTLEBLOWER ACTION3 years from date of violation or dateviolation should have been known of,but not more than 10 years from date ofviolation740 ILCS 175/5Action to enforce a will2 years after the death of the deceasedperson unless letters of office are appliedfor on his or her estate within 2 years afterhis or her death and the representativehas complied with the provisions ofSection 18-3 of the Probate Act of 1975 asamended, in regard to the giving of noticeto creditors, in which case the action shallbe commenced within and not after thetime for presenting a claim against theestate of a deceased person as providedin the Probate Act of 1975, as amended735 ILCS 5/13-221Claim against the estate by an unknowncreditor6 months after publication of notice755 ILCS 5/18-3Claim against the estate by an knowncreditor3 months after receipt of notice from thepersonal representative755 ILCS 5/18-33 years from date of accident if nocompensation has been paid or, ifcompensation has been paid, within 2years from the date compensation waspaid820 ILCS 305/6WILLS AND ESTATESWORKERS' COMPENSATIONAction alleging entitlement tocompensation not based on an injurycaused by exposure to radiologicalmaterials or equipment or asbestos 2012 National Legal Research Group, Inc.11
Recovery of payday loans action may not be filed until 28 days after default date of loan, and if repayment plan is negotiated, no default will be found 815 ILCS 122/2-45 ContrACts Written contracts 10 years 735 ILCS 5/13-206 Unwritten contracts 5 years 735 ILCS 5/13-205 ConVErsion Common-law conversion action 5 years 735 ILCS 5/13-205
