Statute of limitations on debt in Illinois
In Illinois, a creditor or debt collector has 10 years to sue on a written contract, 5 years on an oral agreement, and 5 years on an open account such as a credit card (735 ILCS 5/13-205; 735 ILCS 5/13-206). For medical bills, the operative number is 5 years — Medical bills are treated as unwritten/implied contracts or open accounts under 735 ILCS 5/13-205 (5 years). Under Portfolio Acquisitions, LLC v. Feltman, 231 Ill. 2d 325 (2008), the 10-year written-contract period (13-206) applies only where the writing itself contains all essential terms including the amount owed - which hospital admission forms and bills ordinarily do not - so credit cards and medical accounts get 5 years. A collector could argue 10 years if a complete signed payment contract exists; that ambiguity is rare in practice.
| Written contracts | 10 years |
| Oral agreements | 5 years |
| Open accounts (credit cards) | 5 years |
| Medical debt | 5 years |
How the limitation works
- It limits lawsuits, not the debt. A time-barred debt still exists; what expires is the collector’s ability to win in court.
- It is a defense you must raise. Courts don’t apply it for you. If you are sued and don’t respond, the collector wins by default — even on a time-barred debt.
- The clock usually runs from last activity — typically your last payment — not from when the debt was sold. A debt buyer inherits the original clock.
- Threatening to sue on time-barred debt is illegal. Federal Regulation F (12 C.F.R. §1006.26) bars collectors from suing or threatening suit on time-barred debt, whether or not they knew it was time-barred.
The restart trap
Yes for written debts - 735 ILCS 5/13-206 provides that a payment or new promise to pay made in writing restarts the 10-year period from the date of that payment or promise; Illinois common law similarly treats voluntary part payment as a new promise on 5-year unwritten debts.This is the single most expensive mistake people make with old debt: a small “good-faith” payment on a nearly-expired account can hand the collector a fresh lawsuit window. Confirm the dates before paying anything on an old account.
What to do with an old collection notice
- Find the date of last activity — your own bank records beat the collector’s letter.
- Count forward using the table above. Older than the period? The debt may be time-barred in Illinois.
- Send a written validation request — it forces the collector to document the debt and pauses collection until it does (15 U.S.C. §1692g). Generate it free →
- Do not acknowledge the debt in writing or pay anything until you know where the clock stands.
- If you’re sued, respond by the deadline and raise the statute of limitations. Your state’s legal aid can help free: Illinois Attorney General Consumer Protection Bureau.
Illinois’s own collection law
The Illinois Collection Agency Act (205 ILCS 740 (recodified from 225 ILCS 425, eff. Jan. 1, 2022)) The Collection Agency Act licenses collection agencies and debt buyers and prohibits harassment, deception, and unfair practices, with discipline by IDFPR; abusive collection is also actionable under the Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505. Illinois also enacted coerced-debt protections for fraud/domestic-violence survivors in 2025. Yes - collection agencies and debt buyers must be licensed by the Illinois Department of Financial and Professional Regulation, Division of Financial Institutions, under the Collection Agency Act, 205 ILCS 740.
Common questions
What is the statute of limitations on debt in Illinois?
Illinois allows 10 years to sue on written contracts, 5 years on oral agreements, and 5 years on open accounts such as credit cards (735 ILCS 5/13-205; 735 ILCS 5/13-206). Medical debt is generally treated as an open account or per its own rule here — 5 years.
When does the clock start?
Generally from the date of default or last activity on the account — commonly the last payment or charge — not from when the debt was sold to a collector. Selling a debt does not reset the statute of limitations.
Does paying something on an old debt restart the statute of limitations in Illinois?
Yes for written debts - 735 ILCS 5/13-206 provides that a payment or new promise to pay made in writing restarts the 10-year period from the date of that payment or promise; Illinois common law similarly treats voluntary part payment as a new promise on 5-year unwritten debts.
Can a collector still contact me about a time-barred debt?
Yes — the statute of limitations limits lawsuits, not requests to pay. However, under federal Regulation F (12 C.F.R. §1006.26), a collector may not sue or threaten to sue on a time-barred debt — the ban applies whether or not the collector knew the debt was too old.
What should I do if I get sued on an old debt?
Respond by the court deadline — never ignore a summons, because a default judgment revives everything. If the debt is older than the limitations period, raise the statute of limitations as an affirmative defense in your answer. Many defendants win on this alone.
How is a judgment different?
Once a creditor wins a judgment, a separate and much longer enforcement period applies, and judgments can often be renewed. That is why responding before judgment matters more than anything else on this page.
Keep reading
- Medical debt laws in Illinois
- Free debt validation letter generator — no account needed
- Look up a debt collector — CFPB complaint records for the biggest agencies
- Charity care: hospital financial assistance, applied
- Medical debt laws in Maryland
- Medical debt laws in Nebraska
- Medical debt laws in North Dakota
- Medical debt laws in South Dakota
- Medical debt laws in West Virginia
- Medical debt laws in California
Legal information, not legal advice. Statutes change and courts interpret them — for advice on your situation, talk to a lawyer or your state’s legal aid office. Last reviewed AUG 2026.