(a) If, when the cause of action accrues against a person, he or she is out of the state, the action may be commenced within the times herein limited, after his or her coming into or return to the state; and if, after the cause of action accrues, he or she departs from and resides out of the state, the time of his or her absence is no part of the time limited for the commencement of the action. (b) For purposes of subsection (a) of this Section no person shall be considered to be out of the State or to have departed from the State or to reside outside of the State during any period when he or she is subject to the jurisdiction of the courts of this State with respect to that cause of action pursuant to Sections 2-208 and 2-209 of this Act, Section 10-301 of "The Illinois Vehicle Code", Section 5.25 of the "Business Corporation Act of 1983", or any other statute authorizing service of process which would subject that person to the jurisdiction of the courts of this State. If a person files an action in a court of this State and attempts to secure service of process upon a defendant pursuant to a statute referred to in the preceding sentence, but does not obtain service of process upon such defendant, such defendant shall not be considered to be subject to the jurisdiction of the courts of this State at the time such action was filed, for purposes of the preceding sentence of this section. This subsection (b) of Section 13-208 of this Act shall apply only to actions commenced after October 1, 1973.
13-208.Absence from State.
Article XIII. Limitations · Part 2. Personal Actions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceIllinois pauses a limitations period while a defendant is out of state, but a defendant reachable through the state's long-arm jurisdiction rules is not treated as absent for this purpose.
Full Text of 735 ILCS 5/13-208
Plain-English Summary
This section deals with defendants who leave, or never enter, Illinois. If a person is out of the state when a cause of action accrues against them, the plaintiff may still sue within the normal limitations period, counted from when the defendant comes into or returns to the state. And if a person leaves and resides outside the state after a claim accrues, that time away doesn't count toward the deadline.
Subsection (b) narrows the rule considerably. A person isn't treated as "out of the state" for these purposes during any period when Illinois courts already have jurisdiction over them for that claim under the state's long-arm provisions — Sections 2-208 and 2-209 of this Code, Section 10-301 of the Illinois Vehicle Code, Section 5.25 of the Business Corporation Act of 1983, or any other statute authorizing service of process that reaches that jurisdiction. If a plaintiff tries to serve a defendant under one of those statutes but doesn't succeed, the defendant isn't treated as subject to Illinois jurisdiction at the time the action was filed, for purposes of this rule. Subsection (b) applies only to actions commenced after October 1, 1973.
Frequently Asked Questions
Does a defendant's absence from Illinois toll the statute of limitations?
Yes. Time the defendant spends out of the state, after the cause of action accrues, isn't counted toward the limitations period.
What if the defendant was already out of state when the claim accrued?
The plaintiff may still sue within the normal limitations period, counted from when the defendant comes into or returns to Illinois.
Does this tolling rule apply if Illinois's long-arm statute already reaches the defendant?
No. A person reachable under Illinois's long-arm provisions, such as Sections 2-208 or 2-209, isn't treated as "out of state" for this rule.
What if the plaintiff tried to serve the defendant under a long-arm statute but failed?
The defendant isn't treated as subject to Illinois jurisdiction at the time the action was filed, so the tolling rule can still apply.
Does subsection (b)'s long-arm exception apply to every case?
No. It applies only to actions commenced after October 1, 1973.
Amendment History
(Source: P.A. 83-1362.)
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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