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13-206.Ten year limitation.

Article XIII. Limitations · Part 2. Personal Actions · Last amended 2007 · Last verified July 20, 2026

In one sentenceWritten contracts, promissory notes, and other written evidence of debt carry a 10-year Illinois deadline, and a written payment or new promise to pay restarts that 10-year clock.

Full Text of 735 ILCS 5/13-206

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Except as provided in Section 2-725 of the "Uniform Commercial Code", actions on bonds, promissory notes, bills of exchange, written leases, written contracts, or other evidences of indebtedness in writing and actions brought under the Illinois Wage Payment and Collection Act shall be commenced within 10 years next after the cause of action accrued; but if any payment or new promise to pay has been made, in writing, on any bond, note, bill, lease, contract, or other written evidence of indebtedness, within or after the period of 10 years, then an action may be commenced thereon at any time within 10 years after the time of such payment or promise to pay. For purposes of this Section, with regard to promissory notes dated on or after the effective date of this amendatory Act of 1997, a cause of action on a promissory note payable at a definite date accrues on the due date or date stated in the promissory note or the date upon which the promissory note is accelerated. With respect to a demand promissory note dated on or after the effective date of this amendatory Act of 1997, if a demand for payment is made to the maker of the demand promissory note, an action to enforce the obligation of a party to pay the demand promissory note must be commenced within 10 years after the demand. An action to enforce a demand promissory note is barred if neither principal nor interest on the demand promissory note has been paid for a continuous period of 10 years and no demand for payment has been made to the maker during that period.

Plain-English Summary

Written obligations get a longer deadline than unwritten ones. Actions on bonds, promissory notes, bills of exchange, written leases, written contracts, and other written evidence of indebtedness, along with actions under the Illinois Wage Payment and Collection Act, must be commenced within 10 years after the cause of action accrued. Sales contracts governed by Section 2-725 of the Uniform Commercial Code are excepted.

The section builds in a restart mechanism: if a payment or a new written promise to pay is made on any covered bond, note, bill, lease, or contract, an action may still be commenced within 10 years after that payment or promise, even if made within or after the original 10-year period.

For promissory notes dated on or after the effective date of the 1997 amendment, the section fixes exactly when the clock starts. A note payable at a definite date accrues on the due date, the stated date, or the date the note is accelerated. A demand note works differently: once a demand for payment is made to the maker, the action must be commenced within 10 years after that demand, and the note becomes time-barred if neither principal nor interest has been paid for a continuous 10-year period with no demand made during that time.

Frequently Asked Questions

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

10 years after the cause of action accrued, under Section 13-206.

Does making a payment on an old debt restart the clock?

Yes. A written payment or new promise to pay restarts the 10-year period, running from the date of that payment or promise.

When does the limitations period start for a promissory note payable on a fixed date?

For notes dated on or after the 1997 amendment's effective date, it starts on the due date, the date stated in the note, or the date the note is accelerated.

How long do I have to sue on a demand promissory note after making a demand?

10 years after the demand for payment is made to the maker.

Can a demand note become time-barred even without a demand ever being made?

Yes. It's barred if neither principal nor interest has been paid for a continuous 10-year period and no demand for payment was made during that period.

Amendment History

(Source: P.A. 95-209, eff. 8-16-07.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source
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