Breach of Contract Statute of Limitations in Illinois
Last verified 2026-07 · Source: 735 ILCS 5/13-206 ✓ verified · 3 sources
The deadline
10 years
from Date of breach, under 735 ILCS 5/13-206.
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If you're researching breach of contract claims in Illinois, the single most important number is 10 years. That's how long 735 ILCS 5/13-206 gives you to file a breach of contract lawsuit, counted from Date of breach. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Illinois Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Breach of Contract | 10 years | 735 ILCS 5/13-206 |
| Car Accident | 2 yrs | 735 ILCS 5/13-202 |
| Credit Card Debt | 5 yrs | 735 ILCS 5/13-205 |
| Medical Malpractice | 2 yrs | 735 ILCS 5/13-212(a) |
| Wrongful Death | 2 yrs | 740 ILCS 180/2 |
| Personal Injury | 2 yrs | 735 Ill. Comp. Stat. § 5/13-202 |
| Dog Bite | 2 yrs | 510 ILCS 5/16 (Animal Control Act, strict liability); SOL: 735 ILCS 5/13-202 |
| Slip and Fall | 2 yrs | 735 ILCS 5/13-202 |
| Defamation | 1 yr | 735 ILCS 5/13-201 |
| Medical Debt | 5 yrs | 735 ILCS 5/13-205 |
When the Clock Starts
In Illinois, the limitations period for breach of contract claims generally begins on Date of breach. Illinois does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
Oral/unwritten contracts: 5 years under 735 ILCS 5/13-205. Minority tolling under 735 ILCS 5/13-211.
Source: 735 ILCS 5/13-206, official Illinois statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Illinois government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Illinois Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Illinois | 10 years | 735 ILCS 5/13-206 |
| Wisconsin | 6 yrs | Wis. Stat. § 893.43 |
| Iowa | 10 yrs | Iowa Code § 614.1(5)(a) |
| Missouri | 10 yrs | Mo. Rev. Stat. § 516.110 |
| Kentucky | 10 yrs | KRS 413.160 |
| Indiana | 10 yrs | Ind. Code § 34-11-2-11 |
Frequently Asked Questions
How long do I have to file a breach of contract lawsuit in Illinois?
You have 10 years from Date of breach, under 735 ILCS 5/13-206.
Can I still sue after 10 years in Illinois?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Illinois generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
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Sources
- Official 735 ILCS 5/13-206 — Actions on Written Contracts (Illinois General Assembly)
- Corroborating 735 ILCS 5/13-206 (Justia)
- Corroborating Selected Statutes of Limitations — Illinois Legal Aid Online
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Illinois attorney.