Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in Illinois
How long a creditor or debt collector has to sue you over a debt in Illinois, by debt type — and, just as important, when that clock can restart.
The four limits at a glance
Years a lawsuit is allowed, by debt type. Credit card is the most-searched.
Five years — the short side. Illinois treats a credit card as an unwritten contract (§13-205, 5 years), not a written contract (§13-206, 10 years), because the essential terms can't be determined from the writing alone. Portfolio Acquisitions LLC v. Feltman (2009) is the leading case; Ramirez v. Palisades agrees. Aggregators often wrongly apply 10 years.
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
A partial payment or a written acknowledgment can restart the clock (§13-206 for a written acknowledgment, plus case law on part-payment). A payment on an old account can reopen the 5-year window.
A statute of limitations does not erase the debt or wipe it from your credit report — it is a defense you must raise if you are sued after the period runs. In many states a partial payment or a signed written acknowledgment can restart the clock, so be careful before paying or signing anything on an old account. This page is legal information, not legal advice.
The full limits, with the statute
Every period and how Illinois classifies each debt type.
| Debt type | Limit in Illinois | How it's classified |
|---|---|---|
| Credit card | 5 years | Unwritten / open account (short side) |
| Written contract | 10 years | — |
| Oral contract | 5 years | — |
| Open account | 5 years | — |
| Promissory note | 10 years | A written instrument such as a promissory note runs 10 years (§13-206). |
Promissory-note periods often come from the UCC (§3-118, generally 6 years) rather than the general contract statute; confirm the instrument type for a specific note.
What Illinois debtors get wrong
Illinois looks creditor-friendly on paper — 10 years for written contracts — but credit cards land on the short side. Because a cardholder agreement's essential terms can't be pinned down from the writing alone, Illinois courts treat card debt as an unwritten contract at 5 years (§13-205), not the 10-year written period. Portfolio Acquisitions v. Feltman is the case that settled it, and it's a point aggregators routinely get wrong by quoting 10 years. Watch revival, though: a partial payment can restart even that 5-year clock.
Common questions
What is the statute of limitations on credit-card debt in Illinois?
Five years. Illinois courts treat credit cards as unwritten contracts under 735 ILCS 5/13-205 (Portfolio Acquisitions v. Feltman), not the 10-year written-contract period.
Isn't the Illinois debt limit 10 years?
Ten years applies to written contracts and instruments (§13-206). Credit cards are treated as unwritten contracts at 5 years, a distinction aggregators often get wrong.
Can a payment restart the debt clock in Illinois?
Yes. A voluntary partial payment or a written acknowledgment can restart the 5-year period, so paying a little on an old card account can reopen the window.
When does the Illinois debt clock start?
At default — generally the date of your last payment on the account. The 5-year period for card debt runs from there.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.