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Written Contract · Statute of Limitations

Deadline to Sue Over a Contract in Illinois

How long you have to sue over a broken written contract in Illinois, the statute of limitations, plus when the clock starts, the shorter deadline for oral contracts, and the four-year UCC rule for a sale of goods. Cited to the statute.

Official statuteRead word-for-word
against 735 ILCS 5/13‑206 · ilga.gov
Read from the official source · Jul 15, 2026How we verify →
Deadline to sue over a contract · Illinois
10 years
On a written contract
You have ten years to sue over a broken written contract in Illinois, one of the longest contract deadlines in the country, under 735 ILCS 5/13-206. An oral contract, by contrast, is only five years.
Time to sue10 years
Clock startsWhen the breach occurs
Discovery ruleYes (narrow)
Statute735 ILCS 5/13‑206

How the deadline works in Illinois

When the clock starts, whether a discovery rule can delay it, and the deadlines that differ for oral contracts and a sale of goods.

How the clock worksIn IllinoisWhat it means
Standard deadline10 yearsThe general limitations period to file a written-contract claim.
Statute735 ILCS 5/13-206The controlling statute for the limitations period. Read the full text through the source link below.

When it starts

The ten years runs from when the cause of action accrues, generally the date of the breach. Illinois applies a discovery rule where the breach is not reasonably discoverable at the time, though with a ten-year written period that rarely changes the outcome.

Discovery rule Yes

Illinois applies the discovery rule to contract actions, delaying accrual until you know or reasonably should know of the breach and the resulting injury. Given the long ten-year written period it seldom matters for written contracts, but it can matter for the five-year oral period.

Statute of repose: None

No general contract repose; the ten-year written or five-year oral clock runs from breach or discovery. A separate construction repose exists elsewhere in the Code, but it is not the general contract clock.

Deadlines that can differPeriodWhat it means
Oral or unwritten contract5 yearsActions on unwritten contracts are five years under 735 ILCS 5/13-205, half the written period. Illinois has the widest written-versus-oral gap of these six states, ten years against five, so whether your agreement is written matters enormously.
Sale of goods (UCC)4 yearsA sale of goods runs on 810 ILCS 5/2-725 at four years from breach, accruing at delivery for warranty claims regardless of your knowledge. That is six years shorter than the written period, so for a goods sale the UCC override matters enormously here.
Note or written evidence of debt10 yearsSection 13-206 lists bonds, promissory notes, bills of exchange, written leases, written contracts, and other written evidences of indebtedness at ten years. A written payment or new written promise can restart the clock.

What you can do right now

Concrete, neutral steps if a contract was broken in Illinois and the clock is running. This is legal information, not legal advice.

  1. Confirm the contract is written before counting ten years

    Write down the breach date and confirm you have a signed writing. In Illinois a written contract carries ten years, but an oral one is only five, the widest gap of any of these states.

  2. If goods were sold, the clock is far shorter

    A sale of goods runs on 810 ILCS 5/2-725 at four years, six years less than the written-contract period. Confirm whether your deal is a sale of goods, because that override cuts the deadline dramatically.

  3. Note when you learned of the breach

    Illinois applies a discovery rule that can delay the start until you knew or reasonably should have known of the breach. It rarely matters for a ten-year written contract but can matter for the five-year oral period.

  4. Talk to an Illinois attorney before the deadline

    Whether your contract is written, and whether the UCC clock applies, decide the deadline. A licensed Illinois attorney can confirm it. The State Bar can refer you to one.

Find a lawyer in Illinois

A limitations deadline is easy to miscount, and missing it can end a valid claim. This resource can connect you with a licensed attorney who can confirm your exact deadline.

→ Illinois State Bar · Illinois Lawyer Finder

This is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.

What Illinois contract claimants get wrong

Illinois gives written contracts an unusually long ten years under 735 ILCS 5/13-206, one of the most generous contract deadlines in the country. But the gap between written and oral is the widest of any of these states: an oral or unwritten contract gets only five years under §13-205, half as long. Whether your agreement counts as written can therefore double or halve your window. The clock runs from the breach, with a discovery rule that can delay the start, though it rarely matters when you already have ten years. The bigger override is the UCC: a sale of goods runs on 810 ILCS 5/2-725 at just four years, six years shorter than the written-contract period, so a goods dispute has far less time than a general written contract. Section 13-206 also covers notes and other written evidences of indebtedness, and a written payment can restart the clock. If your deal involves goods, do not assume ten years.

Common questions

What is the statute of limitations on a written contract in Illinois?

Ten years from the breach, under 735 ILCS 5/13-206, one of the longest contract deadlines in the country. The section also covers promissory notes and other written evidences of indebtedness.

How long do I have to sue on an oral contract in Illinois?

Five years, under 735 ILCS 5/13-205, half the written-contract period. Illinois has the widest written-versus-oral gap of these states, so whether your agreement is written can change the deadline dramatically.

Is a contract to buy goods still ten years in Illinois?

No. A sale of goods runs on 810 ILCS 5/2-725 at four years from breach, six years shorter than the written-contract period. The clock accrues at delivery for warranty claims regardless of your knowledge.

Can the ten-year contract clock restart in Illinois?

Yes. Under §13-206, a written payment or a new written promise on the obligation can restart the ten-year period. Confirm the effect of any partial payment or acknowledgment with an attorney.

Primary source
→ 735 ILCS 5/13-206
Illinois General Assembly · 735 ILCS 5/13-206 · ilga.gov
Cholilurrohman
Every figure on this page is checked line-by-line against the current statute. Editorial standards →

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.

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