If a person liable to an action fraudulently conceals the cause of such action from the knowledge of the person entitled thereto, the action may be commenced at any time within 5 years after the person entitled to bring the same discovers that he or she has such cause of action, and not afterwards.
13-215.Fraudulent concealment.
Article XIII. Limitations · Part 2. Personal Actions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceWhen a defendant fraudulently conceals a cause of action, Illinois lets the plaintiff sue within 5 years of discovering that hidden claim, but not afterward.
Full Text of 735 ILCS 5/13-215
Plain-English Summary
Fraudulent concealment can hide a claim's existence long enough that an ordinary limitations period runs out before the plaintiff ever learns there's something to sue over. This section responds to that: if a person liable to an action fraudulently conceals the cause of action from the person entitled to bring it, that person may still sue within 5 years after discovering the cause of action.
The rule cuts both ways, though: it grants extra time only after discovery, and the closing words — "not afterwards" — make clear that once 5 years pass from discovery, the claim is gone for good, regardless of the original, and possibly much shorter, limitations period that would otherwise have applied.
Frequently Asked Questions
What happens if a defendant hides the fact that I have a claim against them?
You may still sue within 5 years after discovering that you have the cause of action.
Does the 5-year period run from the wrongful act or from discovery?
From discovery — specifically, from when the person entitled to sue discovers that he or she has the cause of action.
Is there any outer limit on suing after discovering a concealed claim?
Yes. The section states the action must come within 5 years after discovery, "and not afterwards."
Does this section create an entirely separate claim for fraud?
No. It extends the time to bring the underlying cause of action that was fraudulently concealed.
Who must have done the concealing for this section to apply?
The person liable to the action — the same person the plaintiff would otherwise be suing.
Amendment History
(Source: P.A. 82-280.)
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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