What is the statute of limitations on debt collections?

We cannot provide a single answer that would apply to all collection situations, as the statute of limitations would depend on the type of debt being enforced, and different rules apply to limit when your organization must first bring a claim in court, versus when your organization must bring an action to enforce a judgment.

Statute of Limitations on Bringing a Claim

In general, a claim on a written contract must be brought within ten years after the claim accrues (while a claim on an oral contract must be brought within five years after the claim accrues). 735 ILCS 5/13-206735 ILCS 5/13-205. However, there are several exceptions to this general rule. For example, a claim related to a contract for sale of goods under the Uniform Commercial Code (UCC) must be brought within four years after the cause of action accrues. 810 ILCS 5/2-725. Most claims involving a credit card must be brought within five years after the cause of action accrues. 735 ILCS 5/13-205Garber v. Harris Trust & Savings Bank, 104 Ill.App.3d 675 (1st Dist. 1982).

Also, a statute of limitations period may begin to run at different times for different actions. For example, as to a demand promissory note, the ten years does not begin to run until demand is made to the maker of the note. 735 ILCS 5/13-206.

Limitations on Enforcing Judgments

If your organization has already obtained judgment against a debtor, another set of rules limit the time frame in which a creditor must take action to enforce the judgment. The general rule is that the judgment can be enforced for up to seven years from the date it was entered. 735 ILCS 5/12-108. However, a judgment creditor can revive a judgment at any time up to twenty years after it was entered, after which the judgment would be enforceable for another seven years. 735 ILCS 5/2-1602