{"id":373066,"date":"2016-03-31T21:35:11","date_gmt":"2016-04-01T02:35:11","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-civil-statute-of-limitations-laws.html"},"modified":"2024-10-15T15:32:59","modified_gmt":"2024-10-15T20:32:59","slug":"illinois-civil-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-civil-statute-of-limitations-laws.html","title":{"rendered":"Illinois Civil Statute of Limitations Laws"},"content":{"rendered":"\n
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Illinois Civil Statute of Limitations Laws<\/h1>\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Time is a critical factor when pursuing a lawsuit. To protect their rights, claimants must follow legal deadlines when filing their claims. Understanding these deadlines is a crucial part of civil procedure.<\/p>\r\n

This article looks into the intricacies of the Illinois statute of limitations. It offers some of the most common civil actions, from personal injury lawsuits to contract disputes. It discusses the limitation period set by Illinois state law.<\/p>\r\n

Understanding Illinois Civil Statute of Limitation<\/b><\/h2>\r\n

The statute of limitations serves a crucial purpose. It maintains the fairness and integrity of legal proceedings. It imposes deadlines for filing claims and ensures that the parties bring civil cases to the court while the evidence remains fresh and reliable. The timeliness of pursuing legal proceedings<\/a> is crucial because it prevents scenarios where witnesses’ recollections fade, or important documents get lost. This time limit applies to various cases, including civil and criminal cases<\/a>.<\/p>\r\n

The limitation period also protects defendants from the perpetual threat of civil claims. The balance between offering closure for defendants and providing opportunities for plaintiffs to seek justice is a crucial aspect of the civil justice system.<\/p>\r\n

In general, Illinois civil statutes of limitations<\/a> or statutes of repose are two years for the injured person and five years for injury to personal property.<\/p>\r\n

Usually, the clock starts running when the plaintiff suffers an injury. But this is not always the case. Some statutes of limitations do not begin until the cause of action happens. This could be at the time of the injury or at the time of its discovery. "Discovery rule" allows an injured party to file the lawsuit within a certain time after discovering the injury or the time they reasonably should have discovered it.<\/p>\r\n

There is also "tolling<\/a>," where the statute of limitations temporarily stops running. It happens when certain circumstances prevent the claimant from asserting their rights, such as if the defendant is absent from the jurisdiction or the plaintiff is under legal disability.<\/p>\r\n

The following table contains some of the state of Illinois’s most common civil actions and their corresponding statutes of limitation.<\/p>\r\n\r\n
Personal injury<\/th>\r\n

Two years (735 ILCS 5\/13-202<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Defamation<\/th>\r\n

One year (735 ILCS 5\/13-201<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Fraud<\/th>\r\n
Injury to personal property<\/th>\r\n

Five years (735 ILCS 5\/13-205<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Professional malpractice<\/th>\r\n
Trespass<\/th>\r\n

Five years (735 ILCS 5\/13-205<\/a>.)<\/p>\r\n<\/td>\r\n<\/tr>

Collection of rents<\/th>\r\n

Four years (810 ILCS 5\/2A-506<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Contracts<\/th>\r\n
Collection of debt on account<\/th>\r\n
Foreclosure of mortgage<\/th>\r\n

10 years (735 ILCS 5\/13-115<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Judgments<\/th>\r\n20 years (735 ILCS 5\/13-218<\/a>)<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Disclaimer: Laws are subject to change through various means, including higher court decisions and newly passed legislation. Consider conducting your legal research or contacting <\/i>an attorney near you<\/i><\/a> to verify the laws of your state.<\/i><\/p>\r\n

Research Illinois Law<\/b><\/h2>\r\n

Review the following resources for more information about laws in Illinois, including those related to statutes of limitations:<\/p>\r\n