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How to contact us: E-mail research@nlrg.com Phone 800-727-6574 Fax 434-817-6570 Web http://www.nlrg.com Address PO Box 7187, Charlottesville, VA 22906 Illinois Statutes of Limitations How to use our services: • Call 1-800-727-6574. • Tell our telephone receptionist that you need to speak with the Senior Attorney who specializes in the area of law involved in your case. If you already know the attorney with whom you would like to speak, just ask for that attorney. • Tell our Senior Attorney what you need and when you need it. Our Senior Attorney will work with you to define exactly what issues should be researched and the most appropriate work product. He or she will give you a cost estimate for doing the research you have requested. There is no charge for the initial consultation and cost estimate, and you are under no obligation to proceed. We never exceed the agreed-upon cost estimate without your approval. If you prefer, you may e-mail or fax us your tentative request and the documentation you would like us to review. We will review those materials free of charge and call to discuss the matter and give you a cost estimate at your convenience. Again, there is no obligation to proceed. © 2012 National Legal Research Group, Inc. 1 Illinois Statutes of limitations The following is an alphabetical listing of Illinois statutes of limitations arranged by area of law. Only those statutes that establish a time period are included. Statutes that establish general rules for the application and interpretation of statutes of limitations have been omitted. No attempt has been made to systematically include tolling periods or rules, administrative or regulatory time limits, or appeals periods. The information presented here is intended for use as a quick reference. The applicability of each limitations period will need to 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 subject matter covered. It is offered with the understanding that the publisher is not engaged in rendering legal services. If legal advice is required, the services of a competent attorney should be sought. (From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations.) Area of Law Limitations Period Statute ABUSE OF PROCESS 2 years 735 ILCS 5/13-202 ACCOUNTING Action based on violation of the Illinois Public Accounting Act 2 years from date of violation or date plaintiff knew or should have known of violation, but no more than 5 years from date of injury 735 ILCS 5/13- 214.2 ACCOUNTS [See also U.C.C.] Actions on open accounts for services 5 years 735 ILCS 5/13-205 Actions on open accounts for sales 4 years 810 ILCS 5/2-725 ADMINISTRATIVE LAW [See also UNEMPLOYMENT COMPENSATION] Rule challenge 2 years from the effective date the rule 5 ILCS 100/5-35 Action to review final administrative decision Appeal filed within 35 days 735 ILCS 5/3-103 ADOPTION Action to set aside waiver 12 months from date of waiver 750 ILCS 50/11 Action to set aside consent 12 months from date of consent 750 ILCS 50/11 ADVERSE POSSESSION [See also REAL PROPERTY] For vacant land on which taxes are being paid 7 years after paying taxes continually on the land 735 ILCS 5/13-110 Without color of title 20 years 735 ILCS 5/13-101 With record title 7 years 735 ILCS 5/13-107 With color of title and payment of all taxes on the property 7 years 735 ILCS 5/13-109 © 2012 National Legal Research Group, Inc. 2 Area of Law Limitations Period Statute AGRICULTURE Illegal purchase of wild plants 6 months 720 ILCS 400/2 Claim alleging contract in violation of the agricultural Production Contract Code 4 years after the party claiming the violation knew or should have known of the violation 505 ILCS 17/55 ALCOHOLIC BEVERAGES Civil action for service of alcohol to minors 2 years 740 ILCS 58/5 ANIMAL CRUELTY Civil action for animal cruelty 2 years 510 ILCS 70/16.3 Criminal action for animal cruelty [See CRIMES] ANTITRUST Civil action for antitrust violation 4 years 740 ILCS 10/7 Criminal action for antitrust violation [See CRIMES] ARBITRATION AWARDS 5 years 735 ILCS 5/13- 205 BANKING Action to enforce an obligation, duty or right arising under Article 4, entitled “Bank Deposits and Collections” 3 years after the cause of action accrues 810 ILCS 5/4-111 Negotiable instruments –action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within 6 years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the 6-year period begins when a demand for payment is in effect and the due date has passed 810 ILCS 5/3- 118(e) —action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within 3 years after dishonor of the draft or 10 years after the date of the draft, whichever period expires first 810 ILCS 5/3- 118(c) —action to enforce the obligation of a party to pay an accepted draft, other than a certified check (i) within 6 years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time, or (ii) within 6 years after the date of the acceptance if the obligation of the acceptor is payable on demand. 810 ILCS 5/3- 118(f) —action to enforce the obligation of the acceptor of a certified check or the issuer of a teller’s check, cashier’s check, or traveler’s check commenced within 3 years after demand for payment is made to the acceptor or issuer, as the case may be. 810 ILCS 5/3- 118(d) © 2012 National Legal Research Group, Inc. 3 Area of Law Limitations Period Statute BONDS Generally 10 years 735 ILCS 5/13- 206 Sheriff’s bonds 3 years 735 ILCS 5/19-115 CIVIL ACTIONS 5 years for all civil actions not otherwise provided for 735 ILCS 5/13- 205 CONSTRUCTION Construction actions arising out of design, planning, supervision, observation, or management 4 years from the date person knew or should have known of defect 735 ILCS 5/13-214 CONSORTIUM The same limitations as the personal injury action filed in conjunction with the claim 735 ILCS 5/13- 203 CONSUMER PROTECTION Claim arising out of the Consumer Fraud and Deceptive Business Practices Act 3 years after the cause of action accrued; provided that, whenever any action is brought by the Attorney General or a State’s Attorney for a violation of this Act, the running of the foregoing statute of limitations, with respect to every private right of action for damages which is based in whole or in part on any matter complained of in said action by the Attorney General or State’s Attorney, shall be suspended during the pendency thereof, and for one year thereafter 815 ILCS 505/10a 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 Conversion of negotiable instruments [See also BANKING] 3 years 810 ILCS 5/3-118 CORPORATIONS Claims against a dissolved corporation 5 years 805 ILCS 5/12.80 Known claims against dissolved limited liability company 90 days from notice of dissolution 805 ILCS 180/25- 45 Unknown claims against a dissolved LLC 5 years from publication of notice of dissolution 805 ILCS 180/25- 50 Tax recovery action against corporation 7 years from filing of annual tax report 805 ILCS 5/15.90 © 2012 National Legal Research Group, Inc. 4 Area of Law Limitations Period Statute CREDITORS Claims alleging a violation of the Collection Agency Act 5 years after the occurrence of the alleged violation 225 ILCS 425/9.5 Creditors claims against an estate, dissolved corporation, limited liability company, or partnership [See CORPORATIONS, PARTNERSHIPS, WILLS AND ESTATES] CRIMES All offenses with limitation unless otherwise provided for 3 years 720 ILCS 5/3-5 All offenses without limitation –Child pornography under (1) 11-20.1B(a), or (2) any offense involving sexual conduct or sexual penetration, as defined by Criminal Code 11-0. 1 in which DNA profile of offender is obtained and entered into a DNA database within 10 years after the commission of the offense no limitation 720 ILCS 5/3-5 —Concealment of homicidal death, treason, arson, aggravated arson, forgery, child pornography under of Section 11-20.1(a) no limitation 720 ILCS 5/3-5 —Failure to give information and render aid under Illinois Vehicle Code 11-403 no limitation 720 ILCS 5/3-5 —Leaving the scene of an accident involving death no limitation 720 ILCS 5/3-5 —Murder, manslaughter, reckless homicide no limitation 720 ILCS 5/3-5 DEFAMATION 1 year 735 ILCS 5/13-201 DISCRIMINATION 2 years 735 ILCS 5/13-202 EXCEPTIONS TO LIMITATIONS Death of party entitled to commence an action action may be commenced by his or her representative before the expiration of the time limited or within one year from his or her death, whichever date is the later 735 ILCS 5/13-209 Death of party against whom an action may be brought action may be commenced against his or her personal representative after the expiration of the time limited and within 6 months after the person’s death 735 ILCS 5/13-209 Minors or persons under legal disability if person entitled to bring an action specified in sections 13-201 through 13-210 of the Civil Procedures Act at the time the cause of action accrued, is under the age 18 years, or under a legal disability, then action may be brought within 2 years after the person attains the age of 18 years or the disability is removed 735 ILCS 5/13-211 Out of state tolls the limitation for the period the individual is out of the State and not subject to the jurisdiction of the court 735 ILCS 5/13-208 © 2012 National Legal Research Group, Inc. 5 Area of Law Limitations Period Statute FALSE IMPRISONMENT [See PERSONAL INJURY] FORFEITURE Civil action contesting forfeiture pursuant to Drug Asset Forfeiture Procedure Act 5 years after the last conduct giving rise to forfeiture became known or should have become known or 5 years after the forfeitable property is discovered, whichever is later 725 ILCS 150/9 FINE ART Violation of the Fine Prints Disclosure Act 1 year from date of discovery or date the violation should have been discovered but no more than 3 years from date print purchased 815 ILCS 345/8 EMPLOYMENT Actions brought under Illinois Wage Payment and Collection Act 10 years 735 ILCS 5/13- 206 FORECLOSURE 10 years 735 ILCS 5/13-115 FRAUD Fraudulent concealment 5 years from date of fraud 735 ILCS 5/13-215 INDEMNITY Action seeking indemnity for contribution that did not arise out of litigation 2 years from the date the party seeking contribution or indemnity made payment 735 ILCS 5/13- 204 Action seeking indemnity for contribution that arose out of litigation 2 years after the party seeking contribution or indemnity has been served with process in the underlying action or more than 2 years from the time the party, or his or her privy, knew or should reasonably have known of an act or omission giving rise to the action for contribution or indemnity, whichever period expires later 735 ILCS 5/13- 204 INSURANCE Action against an insurance provider concerning the sale, placement, procurement, renewal, cancellation of, or failure to procure any policy of insurance 2 years 735 ILCS 5/13- 214.4 JUDGMENTS Generally 7 years, but renewable 735 ILCS 5/12-108 Child support judgments no limitation 735 ILCS 5/12-108 LIBEL [See DEFAMATION] MALICIOUS PROSECUTION [See ABUSE OF PROCESS] © 2012 National Legal Research Group, Inc. 6 Area of Law Limitations Period Statute MALPRACTICE Accounting 2 years from date of violation or date plaintiff knew or should have known of violation, but no more than 5 years from date of injury 735 ILCS 5/13- 214.2 Attorney 2 years from date of malpractice or date plaintiff knew or should have known of malpractice, but not more than 6 years from date of malpractice 735 ILCS 5/13- 214.3 Dentistry 3 years from date of complaint 225 ILCS 25/23 Medical 2 years from date the plaintiff knew or should have known of the injury, but no more than 4 years from date of injury; however, if plaintiff is under the age of 18 at time of injury, the limitation period is 8 years from date the plaintiff knew or should have known of the injury, but no cause of action may be brought after the child’s 22nd birthday 735 ILCS 5/13-212 MENTAL HEALTH [See PERSONAL INJURY] Action alleging a violation of the Sexual Exploitation in Psychotherapy, Professional Health Services, and Professional Mental Health Services Act 2 years 740 ILCS 140/6 PARTNERSHIPS Dissolved partnerships -Known claims against a dissolved partnership 120 days after receipt of notice 805 ILCS 215/806 -Unknown claims against a dissolved partnership 5 years after published notification 805 ILCS 215/806 PERSONAL INJURY [See also PRODUCTS LIABILITY] 2 years 735 ILCS 5/13- 202 Medical malpractice 2 years from date the plaintiff knew or should have known of the injury but no more than 4 years from date of injury; however, if plaintiff is under the age of 18 at time of injury, the limitation period is 8 years from date the plaintiff knew or should have known of the injury, but no cause of action may be brought after the child’s 22nd birthday 735 ILCS 5/13-212 Civil actions arising out of criminal acts —Action based on commission of a Class X or first-degree murder 10 years 735 ILCS 5/13- 214.1 —Action arising out of the Predator Accountability Act 10 years from sex trade act 735 ILCS 5/13-225 © 2012 National Legal Research Group, Inc. 7 Area of Law Limitations Period Statute PERSONAL INJURY [Continued] —Action for damages based on personal injury not involving criminal first-degree murder or Class X felony 2 years 735 ILCS 5/13- 202 —Statutory penalty or personal injury action alleging childhood sexual abuse 20 years from date of abuse or date abuse was, or should have been, reasonably discovered 735 ILCS 5/13- 202.2 —Statutory penalty or personal injury action based on first degree murder no limitation 735 ILCS 5/13- 202.1 PRODUCTS LIABILITY 12 years from the date of first sale, lease, or delivery of possession by a seller or 10 years from the date of first sale, lease, or delivery of possession to its initial user, consumer, or other nonseller, whichever period expires earlier, of any product unit that is claimed to have injured or damaged the plaintiff, unless the defendant expressly has warranted or promised the product for a longer period and the action is brought within that period 735 ILCS 5/13-213 PUBLIC UTILITIES Claim for overpayment of fees 2 years from date service provided 220 ILCS 5/9-252 Violation of the Illinois Underground Utility Facilities Damage Prevention Act 2 years from date of violation 220 ILCS 50/12 Claim for compensation of a loss caused by the release, in Illinois, of radioactivity from the regional disposal facility 5 years from the date of the discovery of the damage or loss 420 ILCS 20/15 REAL PROPERTY Action brought alleging breach of condition subsequent in contract for real property 7 years 735 ILCS 5/13-102 Adverse possession [See ADVERSE POSSESSION] Construction actions arising out of design, planning, supervision, observation or management [See CONSTRUCTION] Exceptions to Statute of Limitations If, at the time when such right of entry or of action upon or for lands first accrues, the person entitled to such entry or action is a minor, or person under legal disability, imprisoned or absent from the United States in the service of the United States or of this State, such person or any one claiming from, by or under him or her, may make the entry or bring the action at any time within 2 years after such disability is removed, notwithstanding the time before limited in that behalf has expired. 735 ILCS 5/13-112 © 2012 National Legal Research Group, Inc. 8 Area of Law Limitations Period Statute Real Property (Continued) Enforcement of liens against the property 30 years, but renewable for an additional 10 years if conditions are met 735 ILCS 5/13-116 Foreclosure [See FORECLOSURE] Home Inspector actions 5 years 225 ILCS 441/15- 30 Injury done to property 5 years 735 ILCS 5/13- 205 Leases —Written 10 years 735 ILCS 5/13- 206 —Unwritten 5 years 735 ILCS 5/13- 205 Violations of Illinois Real Estate Timeshare Act of 1999 5 years 735 ILCS 101- 15/85 PROMISSORY NOTES 10 years 735 ILCS 5/13- 206 RAILROAD ACTIONS 3 years 735 ILCS 5/13-219 REAL ESTATE BROKERS/APPRAISERS Action for damages arising out of the Real Estate License Act of 2000 2 years from date of violation or date plaintiff knew or should have known of the violation but no more than 5 years from date of violation 225 ILCS 454/15- 70 Disciplinary action for real estate appraiser must be commenced within 5 years after the occurrence of the alleged violation or within 2 years after final disposition of any judicial proceeding, including any appeals, in which the appraiser provided testimony related to the assignment, whichever period expires last. 225 ILCS 458/15- 30 ROADWAYS Personal injury action against county engineer or superintendent of highways 1 year 745 ILCS 15/2 © 2012 National Legal Research Group, Inc. 9 Area of Law Limitations Period Statute SECURITIES [See also CRIMES] Civil claim for a violation of the Illinois Securities Law of 1953 3 years from the date of sale provided that if the party bringing the action neither knew nor in the exercise of reasonable diligence should have known of any alleged violation of subsections E, F, G, H, I, or J of Section 12 of this Act which is the basis for the action, the 3-year period provided herein shall begin to run upon the earlier of (1) the date upon which the party bringing the action has actual knowledge of the alleged violation of this Act; or (2) the date upon which the party bringing the action has notice of facts which in the exercise of reasonable diligence would lead to actual knowledge of the alleged violation of this Act; but in no event shall the period of limitation so extended be more than 2 years beyond the expiration of the 3 year period otherwise applicable 815 ILCS 5/13 Criminal prosecution for a violation of the Illinois Securities Law of 1953 3 years after the violation upon which such prosecution is based provided, however, that if the accused has intentionally concealed evidence of a violation of subsections E, F, G, H, I, J, or K of Section 12 of this Act, the period of limitation prescribed herein shall be extended up to an additional 2 years after the proper prosecuting officer becomes aware of the offense but in no such event shall the period of limitation so extended be more than 2 years beyond the expiration of the period otherwise applicable 815 ILCS 5/14 SECURITY Claim alleging violation of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 5 years 225 ILCS 447/40- 50 SERVICE LIENS 1 year from date of service if lien is properly filed 770 ILCS 45/1; 770 ILCS 45/2 SLANDER [See DEFAMATION] © 2012 National Legal Research Group, Inc. 10 Area of Law Limitations Period Statute STATE GOVERNMENT Actions against public officers and employees —Action against public officers and employees based in tort or contract 2 years from date of injury or date plaintiff knew or should have known of injury, but no more than 6 years from date of injury 745 ILCS 10/8-101 —All other actions against public officers and employees 1 year 745 ILCS 10/8-101 All claims against the State not expressly accounted for in statute 2 years 705 ILCS 505/22 Action alleging public contractor misconduct 6 years after the date of the contract or the date upon which the State discovered the misconduct, whichever is later 720 ILCS 5/33-7 Claims against State arising out of contract 5 years 745 ILCS 505/22 Claims against State by vendors of goods or services under Illinois Public Aid Code 1 year 705 ILCS 505/22 SURVEYOR ACTIONS 4 years after person knew or should have known of negligence 735 ILCS 5/13-222 TAXES Violation of the Retailers’ Occupation Tax Act 6 years 35 ILCS 120/5 Claim for refund of the service occupation tax 3 years from January 1 or July 1 claim was due 35 ILCS 115/19 Claim for refund of inheritance or transfer tax within 1 year after the last date allowable by the I.R.S. for filing a claim for refund 35 ILCS 405/14 Collection of delinquent real estate taxes 20 years from date of delinquency 35 ILCS 200/20- 190 Collection of delinquent special assessment 30 years from date of delinquency 35 ILCS 200/20- 190 Collection of unpaid income tax owed 4 years from the end of the calendar year at during which tax return was filed 50 ILCS 45/30 Taxpayer’s claim for refund must be filed within 5 years from date the right to a refund arose 35 ILCS 200/20- 175 TRADE SECRETS 5 years from date misappropriation was or should have been discovered 765 ILCS 1065/7 U.C.C. Breach of contract for sale 4 years, but contract may limit time period to not less than 1 year 810 ILCS 5/2-725 © 2012 National Legal Research Group, Inc. 11 Area of Law Limitations Period Statute UNEMPLOYMENT COMPENSATION Action for review of administrative decision must be filed within 35 days of when decision was served 735 ILCS 5/3-103 Recovery of unpaid unemployment insurance from an employer 4 years from date of contributions 820 ILCS 405/2207 WHISTLEBLOWER ACTION 3 years from date of violation or date violation should have been known of, but not more than 10 years from date of violation 740 ILCS 175/5 WILLS AND ESTATES Action to enforce a will 2 years after the death of the deceased person unless letters of office are applied for on his or her estate within 2 years after his or her death and the representative has complied with the provisions of Section 18-3 of the Probate Act of 1975 as amended, in regard to the giving of notice to creditors, in which case the action shall be commenced within and not after the time for presenting a claim against the estate of a deceased person as provided in the Probate Act of 1975, as amended 735 ILCS 5/13-221 Claim against the estate by an unknown creditor 6 months after publication of notice 755 ILCS 5/18-3 Claim against the estate by an known creditor 3 months after receipt of notice from the personal representative 755 ILCS 5/18-3 WORKERS’ COMPENSATION Action alleging entitlement to compensation not based on an injury caused by exposure to radiological materials or equipment or asbestos 3 years from date of accident if no compensation has been paid or, if compensation has been paid, within 2 years from the date compensation was paid 820 ILCS 305/6