Illinois Compiled Statutes
735 ILCS 5/13-206 (2026)
Ten year limitation
✓ current as of May 2026
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(735 ILCS 5/13-206)
(from Ch. 110, par. 13-206)
Sec. 13-206. Ten year limitation. 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.
(Source: P.A. 95-209, eff. 8-16-07.)
Notes of Decisions
Cited in 118
cases (24 in the last 5 years), 1993–2025 · leading case: Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc., 770 N.E.2d 177 (Ill. 2002).
Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc., 770 N.E.2d 177 (Ill. 2002). “See 735 ILCS 5/13-206 (West 2000). This ruling, together with the trial court's determination that the continuing violation rule governed plaintiff's statutory claim, resulted in the two claims being essentially co-extensive.”
Armstrong v. Guigler, 673 N.E.2d 290 (Ill. 1996). “Justice McMORROW delivered the opinion of the court: In this case, we are asked to decide whether the 10-year statute of limitations for actions on a written contract (735 ILCS 5/13-206 (West 1992)), or the five-year statute of limitations for "all civil actions not otherwise…”
McMahon v. LVNV Funding, LLC, 301 F. Supp. 3d 866 (E.D. Ill. 2018). “For example, there was room to dispute which statute of limitations applied, the ten-year statute of 735 ILCS 5/13-206 applicable to written contracts, or the five-year statute of 735 ILCS 5/13-205, which, unlike section 13-206, does not explicitly state that a partial payment…”
PSI Resources, LLC v. MB Fin. Bank, 2016 IL App (1st) 152204 (Ill. App. Ct. 2016). “1-15-2204 limitations period governing claims arising from written contracts (735 ILCS 5/13-206 (West 2012)) and (2) whether the circuit court erred in finding that plaintiff failed to plead sufficient facts supporting the tolling of the limitations period pursuant to the…”
Newell v. Newell, 942 N.E.2d 776 (Ill. App. Ct. 2011). “" 735 ILCS 5/13-206 (West 2006). Section 13-206 is a general statute that applies not only to written contracts but also to bonds, promissory notes, bills of exchange, leases and other indebtedness.”
Landis v. Marc Realty, L.L.C., 919 N.E.2d 300 (Ill. 2009). “In response, plaintiffs argued that subsection (f) of section 5-12-080 of the RLTO did not impose a "statutory penalty" within the meaning of section 13-202 and, therefore, their claim was governed either by the 5-year limitations period in the "catch-all" provision of section…”
BMO Bank N.A. v. Zbroszczyk, 2025 IL App (1st) 241333 (Ill. App. Ct. 2025). “See 735 ILCS 5/13-206 (West 2022). Defendant, however, contends that the agreement is not a “note,” as that is a defined term under the Uniform Commercial Code (UCC).”
Travelers Cas. & Sur. Co. v. Bowman, 893 N.E.2d 583 (Ill. 2008). “The circuit court of Kane County granted the Bowmans' motion to dismiss, finding the cause of action time-barred by the four-year statute of limitations in section 13-214(a) of the Code of Civil Procedure (Code) (735 ILCS 5/13-214(a) (West 2004)), for construction improvements…”
Armbrister v. Pushpin Holdings, LLC, 896 F. Supp. 2d 746 (N.D. Ill. 2012). “However, in similar circumstances, courts within this district have found that written guarantees are subject to the 10-year statute of limitations in 735 ILCS 5/13-206 despite the fact that the statute of limitations on the underlying debt has run.”
Fifth Third Bank v. Brazier, 2019 IL App (1st) 190078 (Ill. App. Ct. 2019). “Defendant argues that the circuit court erred in finding that the 10-year statute of limitations for actions on promissory notes applied to this suit (735 ILCS 5/13-206 (West 2016)) rather than the 5-year statute for actions on unwritten contracts (Id.”
Super Mix of Wisconsin, Inc. v. Nat. Gas Pipeline Co. of Am., LLC, 2020 IL App (2d) 190034 (Ill. App. Ct. 2021). “Defendant alternatively argued that, because count I involved the easement, the claim was barred by the 10-year statute of limitations for actions based on written contracts (735 ILCS 5/13-206 (West 2018)). Defendant argued that count II was barred by the 20-year statute of…”
Heiman v. Bimbo Foods Bakeries Distrib. Co., 902 F.3d 715 (7th Cir. 2018). “The parties agree that JTE's breach-of-contract claim accrued no later than the time of the final sale: October 21, 2011. Thus, if the distribution agreement is a contract for the sale of goods, then JTE's case was filed years too late; but if the distribution agreement is…”
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