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.
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 works | In Illinois | What it means |
|---|---|---|
| Standard deadline | 10 years | The general limitations period to file a written-contract claim. |
| When it starts | Accrual | 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. |
| Statute | 735 ILCS 5/13-206 | The controlling statute for the limitations period. Read the full text through the source link below. |
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Oral or unwritten contract | 5 years | Actions 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 years | A 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 debt | 10 years | Section 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.
- 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.
- 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.
- 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.
- 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.
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 FinderThis 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.
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.