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Illinois Statute of Limitations

As part of our service, we try to provide legal information for the public on various areas of law. One of the most important things to be aware of is that in almost every lawsuit, there is a time limit for bringing the case to court. If you fail to do so your case will be barred forever.

We created a guide that you can see below that goes over almost every possible Illinois statute of limitations and the time to sue. It is mostly alphabetical. Please do not make any decisions from reading this. Laws change and there are exceptions in some situations. Call us at (800) 517-1614 if you aren’t sure how long you have to bring a claim. All calls are free and confidential.

If you are not able to find what you are looking for, you may also use our search box which is on the right of this screen.

GENERAL

1. Computation for Time Limitations

5 ILCS 70/1.11: Time-Computation
The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last. When the last day is a Saturday, Sunday, or holiday (as defined by statutes in force), it is excluded.

2. Computation of Time—Month, Year Defined

5 ILCS 70/1.10: Month, year
“Month” and “year” refer to calendar months and years unless otherwise stated. The word “year” alone is equivalent to the expression “year of our Lord.”

3. Notice—Computation of Time

715 ILCS 5/6: Computation of time
In computing the time for any notice to be given, the first day is excluded and the last day included unless the last day is Sunday which shall also be excluded.

SUSPENSION OF THE TIME PERIOD

1. Absence from State

735 ILCS 5/13-208: Absence from state deducted—Exception
If a cause of action accrues against a person and that person is out of the state, the action may be commenced within the times limited in this act after that person returns to the state. If a person departs from and resides out of the state after a cause of action accrues, the time of absence is not part of the time limited for the commencement of the action.

2. Effect of Party’s Death

735 ILCS 5/13-209: Death of party—Effect
If the person entitled to bring an action dies before the tolling of the statute and the cause of action survives, the legal representative may commence the action before the expiration date or within 1 year from that person’s death, whichever is later. If a person against whom an action may be brought dies before the expiration date and the cause of action survives, an action may be commenced against the legal representative after the expiration date and within 6 months after the person’s death. If a party commences an action against a deceased person whose death is unknown to the party before the expiration of the time limited for the commencement thereof, and the cause of action survives, the action may be commenced against the deceased person’s representative if the party proceeds with reasonable diligence to move for leave to file an amended complaint, substitutes the representative as defendant, and serves process on the representative. If process is served more than 6 months after the issuance of letters of office, liability of the estate is limited to the extent the estate is covered by liability insurance. In no event may a party commence an action under these provisions unless a representative is appointed and an amended complaint filed within 2 years of the time limited for the commencement of the original claim.

3. Effect of Stays of Action

735 ILCS 5/13-216: Stay of Action—Effect
The statute of limitation does not run while the commencement of an action is stayed by injunction, order of court, or statutory prohibition.

SPECIAL EXCEPTIONS

1. Relation Back

735 ILCS 5/2-616: Amendments to Pleadings
Pleadings may be amended at any time before final judgment, with leave of court, upon good cause shown. The amended pleading relates back to the date of filing of the original complaint or other claim under certain circumstances:

  1. Same parties
    The cause of action set up in any amended pleading is not barred by lapse of time under any statute or contract prescribing or limiting the time within which an action may be brought or right asserted, if the time prescribed or limited had not expired when the original pleading was filed, and if it appears from the original and amended pleadings that the cause of action asserted grew out of the same transaction or occurrence set up in the original pleading.
  2. Different named defendant
    A cause of action against a person not originally named a defendant is not barred by lapse of time under any statute or contract prescribing or limiting the time within which an action may be brought or right asserted, if all the following terms and conditions are met:
    1. the time prescribed or limited had not expired when the original action was commenced;
    2. the person, within the time that the action might have been brought or the right asserted against him or her plus the time for service permitted under Supreme Court Rule 103(b), received such notice of the commencement of the action that the person will not be prejudiced in maintaining a defense on the merits and knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him or her; and
    3. it appears from the original and amended pleadings that the cause of action asserted in the amended pleading grew out of the same transaction or occurrence set up in the original pleading.
    NOTE:2-616(d) was substantially amended in 2002, applicable to all complaints filed on or after January 1, 2002, and all complaints filed before that date if the limitations period had not ended before that date. PA 92--116.

2. New Actions: Effect of Reversal or Non-Suit

735 ILCS 5/13-217: Commencement of new action upon reversal or non-suit.
If plaintiff’s judgment is reversed on appeal, entered against plaintiff after a verdict for plaintiff, dismissed by the U.S. District Court for lack of jurisdiction or improper venue, voluntarily dismissed by the plaintiff, or the action is dismissed for want of prosecution, the plaintiff, his or her heirs, executors, or administrators may commence a new action within 1 year after the reversal of judgment or dismissal, or within the remaining period of limitation, whichever is greater. Since filings pursuant to this section are considered new actions, the “mailbox rule” does not apply. Such actions are considered filed only when they are file stamped by the circuit clerk and not on the day they are mailed. Note – The mailbox rule does not apply to private carriers, only to the U. S. Postal Service.
PA 89-7 provided that no action that is voluntarily dismissed by the plaintiff or dismissed for want of prosecution by the court may be filed if the time for commencing the action has expired.

3. Revival by Civil Action

735 ILCS 5/13-218: Revival of judgment.
A civil action may be revived from a judgment in any court of this State within 20 years after the date of judgment.

4. Set-Offs and Counterclaims

735 ILCS 5/13-207: Counterclaim and set-off—Effect of limitation period.
A defendant may plead a set-off or counterclaim barred by the statute of limitation, while held and owned by him or her, to any action, the cause of which was owned by the plaintiff or person under whom the plaintiff claims, before such set-off or counterclaim was so barred, and not otherwise. This section does not affect the right of a bona fide assignee of a negotiable interest assigned before due.

5. Minors

735 ILCS 5/13-211: Minors, persons under legal disabilities and imprisoned persons.
If the person entitled to bring a personal action is under the age of 18 or under legal disability, the person may bring the action within 2 years of reaching 18 years of age or of the removal of the disability.

6. Fraudulent Concealment of Cause of Action

735 ILCS 5/13-215: Fraudulent concealment.
If a person liable for an action fraudulently conceals the cause of action from the injured person, the action may be commenced within 5 years after the person entitled to bring the action discovers it.

7. Nullem Tempus – Public Acts

The doctrine of nullem tempus allows the State to avoid the application of a statute of limitations unless the statute expressly, by its terms, includes the State, county, municipality or other public agency. Whenever the right that the plaintiff seeks to assert, "is in fact a right belonging to the general public,” as opposed to one that, “belongs only to the government or to some small and distinct subsection of the public at large," the doctrine applies to exempt the plaintiff from application of the limitations statute.

8. Respondents in Discovery

735 ILCS 5/2-402: Respondents in Discovery
A person or entity named as a respondent in discovery in any civil action may be made a defendant in the same action at any time within 6 months after being named as a respondent in discovery, even though the time during which an action may otherwise be initiated against him or her may have expired during such 6 month period. No extensions of this 6 month period shall be permitted unless the plaintiff can show a failure or refusal on the part of the respondent to comply with timely filed discovery.

CIVIL ACTIONS NOT OTHERWISE PROVIDED FOR

735 ILCS 5/13-205: Oral contracts—Arbitration awards—Damage to property—Possessory actions—Civil actions
Except for breach of a contract for sale under the Uniform Commercial Code and a vendor’s action for payments under the Public Aid Code, actions on unwritten contracts, arbitration awards, damages for injury to property, possession of personal property or damages for its detention or conversion, and all civil actions not otherwise provided for must be commenced within 5 years after the cause of action accrued.

ADMINISTRATIVE REVIEW

COMMENCEMENT OF ACTION

735 ILCS 5/3-103: Commencement of Action

Every action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision, except that:

  1. in municipalities with a population of 500,000 or less a complaint filed within the time limit established by this Section may be subsequently amended to add a police chief or a fire chief in cases brought under the Illinois Municipal Code’s provisions providing for the discipline of fire fighters and police officers; and
  2. in other actions for review of a final administrative decision, a complaint filed within the time limit established by this Section may be amended to add an employee, agent, or member of an administrative agency, board, committee, or government entity, who acted in an official capacity as a party of record to the administrative proceeding, if the administrative agency, board, committee, or government entity is a party to the administrative review action. If the director or agency head, in his or her official capacity, is a party to the administrative review, a complaint filed within the time limit established by this Section may be amended to add the administrative agency, board, committee, or government entity. The method of service of the decision shall be as provided in the Act governing the procedure before the administrative agency, but if no method is provided, a decision shall be deemed to have been served either when a copy of the decision is personally delivered or when a copy of the decision is deposited in the United States mail, in a sealed envelope or package, with postage prepaid, addressed to the party affected by the decision at his or her last known residence or place of business. The form of the summons and the issuance of alias summons shall be according to rules of the Supreme Court.

B. DIRECT REVIEW OF ADMINISTRATIVE ORDERS BY THE APPELLATE COURT

735 ILCS 5/3-113: Direct Review of Administrative Orders by the Appellate Court.
Unless another time is provided specifically by the law authorizing the review, an action for direct review of a final administrative decision of an administrative agency by the appellate court shall be commenced by the filing of a petition for review in the appellate court within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision.

C. DEFENDANTS

735 ILCS 5/3-107, 735 ILCS 5/3-113: Defendants.
If, during the course of a review action, the court determines that a party of record to the administrative proceedings was not made a defendant as required by the preceding paragraph, and only if that party was not named by the administrative agency in its final order as a party of record, then the court shall grant the plaintiff 21 days from the date of the determination in which to name and serve the unnamed party as a defendant.

D. INTERVENORS

735 ILCS 5/ 3-107 P.A. 095-0321,
eff. July 1, 2007 adds a new section (c), which requires a Plaintiff filing for administrative review of the decision of a county hearing officer or county Zoning Board of Appeals to give written notice to those persons (other than parties of record) who appeared before the hearing officer or ZBA and gave oral or written testimony as to the decision appealed from. This notice must be sent within two days of the filing of the action; content of the notice is specified in the statute. This notice must inform them of their right to intervene in the administrative review action upon application to the circuit court within 30 days of the mailing of the notice.” Note-under 735 ILCS 5/3-107(b) these provisions already apply to decisions of a ZBA in municipalities with over 500,000 population.

ANTITRUST ACT

ANTITRUST ACTIONS

740 ILCS 10/7: Civil actions and remedies—Limitation
Any action for damages must be brought within 4 years of the accrual of the cause of action. In any private action based in whole or part on grounds brought by the Attorney General, the four-year period shall be suspended during the pendency of that action and for 1 year thereafter.

ARBITRATION

ACTIONS ON ARBITRATION AWARDS

735 ILCS 5/13-205: Oral contracts—Arbitration awards—Damages to property—Possessory actions—Civil actions
Except for breach of a contract for sale under the Uniform Commercial Code and a vendor’s actions for payments under the Public Aid Code, actions on unwritten contracts, arbitration awards, damages for injury to property, possession of personal property or damages for its detention or conversion, and all civil actions not otherwise provided for must be commenced within 5 years after the cause of action accrued.

BANKS

A. ACTIONS TO RECOVER ON DEBTS OF A DISSOLVED BANK

205 ILCS 5/73: Voluntary dissolution—Limitation on claims
Within 6 years after the date of publication by the Commissioner of Banks and Trust Companies of a resolution for dissolution of a bank, an action may be commenced against the dissolving bank for recovery of a debt. This section does not extend the time for an action already barred.

B. COMMISSIONER’S POSSESSION OF BANKS

205 ILCS 5/54: Commissioner’s possession—Postponement of limitation period
If the Commissioner of Banks and Trusts has taken possession of a bank, statutes of limitation or agreements are postponed for 6 months on the bank’s claims or rights of action. If the FDIC has taken possession of the bank or is acting as a receiver, the Federal Deposit Insurance Act controls instead of the Illinois Banking Act.

C. CUSTOMER DUTY TO REPORT FORGERY OR ALTERATION

810 ILCS 5/4-406: Customer’s duty to discover and report unauthorized signature or alteration
Without regard to care or lack of care by either the customer or the bank, a customer is precluded from asserting against the bank for an unauthorized signature or alteration if the customer does not discover and report an unauthorized signature or alteration within 1 year after the statement or items are available.

D. DEPOSITS AND COLLECTIONS

810 ILCS 5/4-111: Statute of limitation
An action to enforce an obligation, duty, or right for bank deposits or collections must be commenced within 3 years after the cause of action accrues.

E. PAYMENT OF NEGOTIABLE INSTRUMENTS

810 ILCS 5/3-118: Statute of limitation
An action to enforce the obligation on an unaccepted draft must be commenced within 3 years of the dishonor of the draft or 10 years after the date of the draft, whichever expires first. An action to enforce the obligation on a certified check, teller’s check, cashier’s check, or traveler’s check must be commenced within 3 years after demand for payment is made. An action to enforce the obligation of a party to a certificate of deposit must be commenced within 6 years after demand for payment is made, but if the instrument states a due date and the maker is not required to pay before that date, the 6-year period begins when a demand is in effect and the due date has passed. Except for a certified check, an action to enforce the obligation on an accepted draft must be commenced within 6 years after the due date(s) stated in the draft or acceptance. If the obligation of the acceptor is payable on demand, the action must be commenced within 6 years after the date of acceptance. Other actions for conversion of an instrument, for money had and received, for breach of warranty, or to enforce an obligation, duty, or right not covered above must be commenced within 3 years after the cause of action accrues. Claims for indemnity or contribution that are governed by other law are not covered by this statute. Absent proof of an ongoing “scheme, plan, conspiracy or the like”, the continuing tort rule will not apply to toll the three year statute of limitations period, and the discovery rule is only applicable in conversion of negotiable instrument case when there are allegations of fraudulent concealment. For purposes of 735 ILCS 5/13-206 regarding promissory notes dated on or after 1-1-98, 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 1-1-98, 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.

F. CUSTOMER’S RIGHT TO STOP PAYMENT

810 ILCS 5/4-403: Action against a bank—Limitation
Failure of the customer to notify the bank within 1 year of either (1) receipt of the item improperly paid by the bank over a properly lodged stop payment order; or, in lieu of receipt of the improperly paid item, (2) receipt of a statement containing the debit entry for the item and specifically identifying the items precludes the customer from asserting the improper payment against the bank.

G. LETTERS OF CREDIT

810 ILCS 5/5-106: Statute of limitations.
Under Article 5 of the Uniform Commercial Code, if there is no stated expiration date or other provision that determines its duration, a letter of credit expires one year after its stated date of issuance or, if none is stated, after the date on which it is issued. A letter of credit that states that it is perpetual expires 5 years after its stated date of issuance, or if none is stated, after the date on which it is issued.

BREACH OF PROMISE TO MARRY

A. NOTICE

740 ILCS 15/4: Notice required before bringing action for breach of promise
Within 3 months from the date the breach of promise or agreement to marry occurred, notice must be given to the party being sued. The notice must contain:

  1. the signature of the person commencing the action;
  2. the date the promise or agreement to marry was made;
  3. the date on which the ceremony was to be performed;
  4. the damages suffered by the signor; and
  5. a statement as to whether the signor is or is not still willing to marry the person receiving the statement.

B. FAILURE TO GIVE NOTICE

740 ILCS 15/5: Action barred unless notice is given
An action for breach of promise or agreement to marry is barred by the failure to give notice as required in 740 ILCS 15/4.

C. LIMITATION

740 ILCS 15/6: Limitation
An action must be commenced within 1 year from the accrual of a cause of action on a promise or agreement to marry.

BUSINESS ORGANIZATIONS

A. CORPORATIONS

1. Remedies After Dissolution of Corporations

805 ILCS 5/12.80: Survival of remedy after dissolution
If an action is commenced within 5 years after the date of dissolution, dissolution does not impair any civil remedy available to or against the corporation, its directors, or shareholders for any claim existing before dissolution.

2. Known Claims Against Dissolved Corporations

805 ILCS 5/12.75: Known claims against dissolved corporations
In dissolution proceedings, the corporation must receive the claim not less than 120 days from the effective date of the dissolution. If the corporation rejects the claim in whole or in part, the claim is barred unless the claimant files suit to enforce not less than 90 days from the date of the rejection notice.

3. Remedies After Dissolution of Not for Profit Corporations

805 ILCS 105/112.80: Survival of remedy after dissolution
If an action is commenced within 2 years after the date of dissolution, dissolution does not impair any civil remedy available to or against the not for profit corporation, its directors, or shareholders for any claim existing before dissolution.

4. Known Claims Against Dissolved Not For Profit Corporations

805 ILCS 105/112.75: Known claims against dissolved corporations
In dissolution proceedings, the not-for-profit corporation must receive the claim not less than 120 days from the effective date of the dissolution. If the corporation rejects the claim in whole or in part, the claim is barred unless the claimant files suit to enforce within a deadline not less than 90 days from the date of the rejection notice.

5. Rights of Dissenting Shareholders of Corporations

805 ILCS 5/11.70: Procedure to dissent
If the shareholders, other than in the usual course of business, approve a sale or exchange of all or substantially all of the property and assets of a corporation, dissenting shareholders have 30 days to demand payment for the fair value of their shares. If the fair value isn’t agreed upon within 60 days from the delivery of the dissenters’ estimate of value, the corporation must either pay the difference in value, with interest, or file a complaint to determine the fair value.

B. UNIFORM PARTNERSHIP ACT (1997)

805 ILCS 206/701: Purchase of Dissociated Partner's Interest:
A dissociated partner may maintain an action against the partnership, pursuant to Section 405(b)(2)(ii), to determine the buyout price of that partner's interest, any offsets under subsection (c), or other terms of the obligation to purchase. The action must be commenced within 120 days after the partnership has tendered payment or an offer to pay or within one year after written demand for payment if no payment or offer to pay is tendered. (Until January 1, 2008, this Section applies only to partnerships formed after January 1, 2003, and those partnerships formed before January 1, 2003, which elect to operate under this Act.).

CIVIL RIGHTS VIOLATIONS

A. SECTION 1981

42 U.S.C. §1981 Applicable provision for discrimination claim filed pursuant to
42 USC § 1981, is 2-year limitations period of 735 ILCS 5/13-202.

B. SECTION 1983

42 U.S.C. §1983. §1983 complaint
Actions under §1983 are personal injury claims and are governed by the personal injury statute of limitations in the state in which the alleged injury occurred. The 2-year statute of limitation on personal injury claims governs §1983 actions arising in Illinois. Federal law, however, determines the accrual of a claim. Generally, a claim accrues when the plaintiff knows or has reason to know of the injury giving rise to the cause of action. Id.

C. HUMAN RIGHTS VIOLATIONS

1. Employment – Financial Credit – Public Accommodations – Higher Education -Violations

  1. Procedures before the Illinois Department of Human Rights
    775 ILCS 5/7A-102

    An aggrieved party or the Department of Human Rights must file a written charge with the Department within 180 days after the civil rights violation has occurred. The respondent must file a verified response to these allegations within 35 days of receipt of the notice of the charge. If the Director has not sooner issued a report and determination under 775 ILCS 5/7A-102(D)(1) and (2), then between 365 and 395 days after the charge is filed or a longer period if agreed to in writing by all parties, the aggrieved party may file a complaint with the Illinois Human Rights Commission.
  2. Tolling
    775 ILCS 5/8-103:

    Tolling Proceedings on requests for review shall toll the time limitation for the filing of a complaint or an order that no complaint be issued from the date on which the Director’s notice of dismissal or default is issued to the date on which the order on the request for review is entered.
  3. Procedures before the Illinois Human Rights Commission
    775 ILCS 5/8A-102

    Within five days after a complaint is filed, the Commission shall cause it to be served on the respondent together with a notice of hearing. The hearing shall be scheduled for not less than thirty nor more than ninety days after service of the complaint, but may be continued for good cause shown. The respondent shall file an answer under oath or affirmation to the original or amended complaint within 30 days of the date of service; this date may be extended for good cause shown. When the respondent files a motion to dismiss the complaint within 30 days and the motion is denied, the time for filing the answer shall be filed within 15 days of the date of denial.
  4. Review by Human Rights Commission
    775 ILCS 5/8A-103

    Within 30 days of the receipt of service of the hearing officer’s recommended order, a party may file with the Commission any written exceptions to any part of the order. Within 21 days of the receipt of service of exceptions, a party may file any response to the exceptions. Within 30 days after service of the Commission’s order or statement declining review, a party may file an application for rehearing before the full Commission.
  5. Judicial Review
    775 ILCS 5/8-111

    Any complainant or respondent may apply for and obtain judicial review of any final order entered under this Act by filing a petition for review in the appellate court within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision.

2. Real Estate Transactions

  1. Procedures before the Illinois Department of Human Rights
    775 ILCS 5/7B-102

    An aggrieved party or the Department of Human Rights must file a written charge within 1 year after the civil rights violation has occurred. The respondent must file a verified response to these allegations within 30 days. The Department shall either file a complaint with the Illinois Human Rights Commission or shall order that no complaint be issued within 100 days after the charge has been filed.
  2. Tolling
    775 ILCS 5/8-103

    Proceedings on requests for review shall toll the time limitation for the filing of a complaint or an order that no complaint be issued from the date on which the Director’s notice of dismissal or default is issued to the date on which the order on the request for review is entered.
  3. Procedures before the Illinois Human Rights Commission
    775 ILCS 5/8B-102

    When a complaint has been filed with the Human Rights Commission, a complainant, a respondent, or an aggrieved party on whose behalf the complaint was filed, may elect to have the claims asserted in that complaint decided in a civil action in a circuit court of Illinois. The election must be made not later than 20 days after the receipt by the electing person of service of the complaint by the Commission. The person making such election shall file it with the Commission and shall give notice of doing so to the Department and to all other complainants and respondents to whom the charge relates. Within 5 days after a complaint is filed with the Commission, the Commission shall cause it to be served on the respondent and complainant together with a notice of hearing. The hearing shall be scheduled for not less than thirty nor more than ninety days after service of the complaint, but may be continued for good cause shown. The respondent shall file an answer under oath or affirmation to the original or amended complaint within 30 days of the date of service; this date may be extended for good cause shown. When the respondent files a motion to dismiss the complaint within 30 days and the motion is denied, the time for filing the answer shall be filed within 15 days of the date of denial.
  4. Review by Human Rights Commission
    775 ILCS 5/8B-103

    Within 30 days of the receipt of service of the hearing officer’s recommended order, a party may file with the Commission any written exceptions to any part of the order. Within 21 days of the receipt of service of exceptions, a party may file any response to the exceptions. Within 30 days after service of the Commission’s order or statement declining review, a party may file an application for rehearing before the full Commission.

D. ILLINOIS CIVIL RIGHTS ACT OF 2003

740 ILCS 23/5(b): Any party aggrieved by violation of the Illinois Civil Rights Act of 2003 may bring a civil lawsuit against the offending body of government within 2 years of the alleged violation. (PA 93-425 Effective 1/1/2004).

E. TORTURE INQUIRY AND RELIEF COMMISSION

ACT (775 ILCS 40/5) P. A. 096-0223 creates this Act to deal with the claims of persons convicted of felonies based upon confessions allegedly obtained by torture by Chicago Police Officer Jon Burge, or anyone supervised by him. No such claims can be filed until a quorum of commissioners has been appointed, and all claims must be filed within five years of the Act’s effective date, 8/10/09.

COMMON FREIGHT CARRIERS

A. ACTIONS AGAINST COMMON FREIGHT CARRIERS

735 ILCS 5/13-219: Actions by or against railroads, motor carriers, etc., in respect of transportation charges—
Limitation All actions at law for the recovery of charges for the transportation or property moving wholly within the State of Illinois by or against railroads, motor carriers, common carriers by water or air, the Railway Express Agency, or freight forwarders must be commenced within 3 years from the time the cause of action accrued.

B. COMMON CARRIERS BY PIPELINE

220 ILCS 5/15-508: Statute of limitations for charges.

  1. Collection actions. Actions to collect charges under lawfully applicable rates must be instituted within 3 years after rendition of the service.
  2. Reparations or overcharge proceedings. Petitions seeking reparations or repayment of over-charges must be filed with the Commission within 3 years after rendition of the service, and an action seeking judicial enforcement of a Commission order awarding reparations must be instituted within one year after issuance of such order. Where an action seeking judicial review of a Commission order awarding reparations is filed, the time preceding final adjudication of the action shall be excluded in computing the time for instituting the action seeking judicial enforcement of the Commission order.

C. FREIGHT CHARGES

625 ILCS 5/18c-3212: Statute of Limitations for Freight Charges.

  1. Collection Actions. Actions to collect freight charges under lawfully applicable rates must be instituted within 3 years after rendition of the service
  2. Reparations or Overcharge Proceedings. Petitions seeking reparations or repayment of overcharges must be filed with the Commission within 3 years after rendition of the service, and any action seeking judicial enforcement of a Commerce Commission order awarding reparations must be instituted within 1 year after issuance of such order. Where an action seeking judicial review of a Commerce Commission order awarding reparations is filed, the time preceding final adjudication of the action shall be excluded in computing the time for instituting the action seeking judicial enforcement of the Commission order.

D. E-FILINGS WITH THE COMMISSION

In the Supreme Court held that while the commission’s regulations permitted e-filings, they did not require the documents to be transmitted by 5 pm on the due date, so that any electronic documents transmitted before midnight were timely filed.

CONSTRUCTION

A. ACTIONS RELATING TO CONSTRUCTION – IMPROVEMENTS TO REAL PROPERTY

735 ILCS 5/13-214: Construction—Design management and supervision—Sureties
Actions based upon tort, contract, or otherwise against any person for an act or omission in the design, planning, supervision, observation or management of construction, or construction of an improvement to real property must be commenced within 4 years from the time the person bringing the action knew or should reasonably have known of the act or omission. In no event may such an action be brought more if 10 years have elapsed from the time the act or omission. However, any person who discovers such act or omission before expiration of the 10-year period may in no event have less than 4 years to bring an action. Contract actions against a surety on a payment or performance bond must be commenced within the same time limitation applicable to the bond principal. If the person entitled to bring the action is under the age of 18 or under legal disability, the period of limitations shall not begin to run until the person reaches 18 years of age or the disability is removed.

B. UNDERGROUND FACILITIES DAMAGE PREVENTION ACT

220 ILCS 50/12: Limitations Actions for damages and penalties for demolition or excavation work in violation of the Underground Facilities Prevention Act must be brought within 2 years of the violation of the Act.

CONTRACTS

A. ACTIONS ON ORAL CONTRACTS

735 ILCS 5/13-205: Oral contract—Arbitration awards— Damage to property - Possessory actions—Civil actions
Except for breach of a contract for sale under the Uniform Commercial Code and a vendor’s action for payments under the Public Aid Code, actions on unwritten contracts, arbitration awards, damages for injury to property, possession of personal property or damages for its detention 0or conversion, and all civil actions not otherwise provided for must be commenced within 5 years after the cause of action accrued.

B. ACTIONS ON WRITTEN CONTRACTS

735 ILCS 5/13-206: Writings—New contract
Except for breach of a contract for sale under the Uniform Commercial Code, actions on bonds, promissory notes, bills of exchange, written leases, written contracts, or other written evidences of indebtedness must be commenced within 10 years after the cause of action accrued. If any payment or new promise to pay has been made in writing within or after the ten-year period, an action may be commenced within 10 years after the payment or promise to pay. For purposes of this section, with regard to promissory notes dated on or after 1-1-98, 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 1-1-98, 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.

C. PHYSICAL FITNESS SERVICES – CONTRACT REQUIREMENTS

815 ILCS 645/4, 645/6, 645/8: Physical fitness services—Contract requirements
Physical fitness centers must maintain original copies of all contracts for services for as long as the contracts are in effect and for a period of 3 years thereafter. The contract must provide that it may be cancelled by the customer within 3 business days after the first business day (business day is defined as a day on which the fitness center is open) after the contract is signed by the customer, and all moneys paid under the contract must be refunded. A customer who signs a contract for a fitness center not yet open, or does not sign a contract for an existing facility, shall have seven calendar days to cancel and obtain a full refund. No contract for physical fitness services may require payments or financing over a period in excess of 3 years from the date the contract is entered into, nor may the term of any such contract be measured by the life of the customer. The initial term of services to be rendered under the contract may not extend more than 2 years from the date the parties entered into the contract.

D. AGRICULTRAL PRODUCTION CONTRACT CODE

505 I LCS 17/55: Statute of limitations.
A claim that a production contract violates this Act must be filed within 4 years after the date on which the party alleging the violation knew or should have known of the existence of the violation. (PA 93-522 Effective January 1, 2005).

E. PREMARITAL AGREEMENTS

The Uniform Premarital Agreements Act (750 ILCS 10/1) states that any statute of limitations pertaining to a claim for relief under a premarital agreement is tolled during a marriage. In the court held that this statute tolled the 10-year limitations period on written contracts and did not bar a husband’s action to reform a premarital agreement, even though more than 10 years had passed since its execution.

CONTRIBUTION AND INDEMNITY

735 ILCS 5/13-204: Limitation

  1. In instances where no underlying action seeking recovery for injury to or death of a person or injury or damage to property has been filed by a claimant, no action for contribution or indemnity may be commenced with respect to any payment made to that claimant more than 2 years after the party seeking contribution or indemnity has made the payment in discharge of his or her liability to the claimant.
  2. In instances where an underlying action has been filed by a claimant, no action for contribution or indemnity may be commenced more than 2 years after the party seeking contribution or indemnity has been served with process in the underlying action or more than 2 years from the time the party, or his or her privy, knew or should reasonably have known of an act or omission giving rise to the action for contribution or indemnity, whichever period expires later.
  3. The applicable limitations period contained in subsection (1) or (2) shall apply to all actions for contribution or indemnity and shall preempt, as to contribution and indemnity actions only, all other statutes of limitation or repose, but only to the extent that the claimant in an underlying action could have timely sued the party from whom contribution or indemnity is sought at the time such claimant filed the underlying action, or in instances where no underlying action has been filed, the payment in discharge of the obligation of the party seeking contribution or indemnity is made before any such underlying action would have been barred by lapse of time.
  4. The provisions of this Section, as amended by PA 88-538, shall be applied retroactively when substantively applicable, including all pending actions without regard to when the cause of action accrued; provided, however, that this amendatory Act of 1994 shall not operate to affect statutory limitations or repose rights of any party which have fully vested prior to its effective date (January 1, 1995).
  5. The provisions of this Section shall not apply to any action for damages in which contribution or indemnification is sought from a party who is alleged to have been negligent and whose negligence has been alleged to have resulted in injuries or death by reason of medical or other healing art malpractice.

CONVEYANCES

A. REGISTERED TITLES

765 ILCS 35/103: Limitation An action for compensation must be brought within 10 years from the time of accrual of the cause of action under the Registered Titles Act or 2 years from the removal of a disability.

B. FRAUDULENT PROPERTY TRANSFERS

740 ILCS 160/10: A cause of action with respect to a fraudulent transfer or obligation under the Uniform Fraudulent Transfer Act is extinguished unless the action is brought:

  1. as to a transfer made or obligation incurred by a debtor with actual intent to hinder, delay, or defraud any creditor [740 ILCS 160/5(a)(1)], within 4 years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant;
  2. as to a transfer made or obligation incurred by a debtor without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor: a) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or b) intended to incur, or believed or reasonably should have believed that he would incur, debts beyond his ability to pay as they became due [740 ILCS 160/5(a)(2)]; or if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation [740 ILCS 160/6(a)], within 4 years after the transfer was made or the obligation was incurred; or c) as to a transfer which transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent [740 ILCS 160/6(b)], within 1 year after the transfer was made or the obligation was incurred.

COURT OF CLAIMS

A. ACTIONS AGAINST THE STATE – NOTICE

705 ILCS 505/22-1: Actions for personal injuries—Notice
A notice must be filed within 1 year from the accrual of a cause of action for personal injury against the State of Illinois; the Medical Center Commission; the Board of Trustees of the University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, and Western Illinois University; or the Board of Trustees of the Illinois Mathematics and Science Academy. The notice must be filed in the office of the Attorney General and with the clerk of the Court of Claims and must contain the following:

  1. the name and residence of the person to whom the cause has accrued;
  2. the name and residence of the person injured;
  3. the date and about the hour of the accident;
  4. the place or location of the accident;
  5. a brief description of how the accident occurred; and
  6. the name and address of the attending physician, if any.

A claimant is not required to file this notice if he or she files his or her claim within one year of its accrual. (PA 90-492, effective Aug. 17, 1997).

B. COURT OF CLAIMS - TIME TO FILE

705 ILCS 505/22: Limitation
Every claim cognizable by the court and not otherwise previously barred by law is forever barred from prosecution unless it is filed with the Clerk of the Court of Claims within the time set forth as follows:

  1. All claims arising out of a contract must be filed within 5 years after accrual, except for minors and persons under legal disability at the time the claim accrues, in which case the claim must be filed within 5 years from the time the disability ceases.
  2. All claims cognizable against the State by vendors of goods or services under the Illinois Public Aid Code must be filed within 1 year after the accrual of the cause of action as provided in 305 ILCS 5/11-13.
  3. All claims arising for time unjustly served in prison must be filed within 2 years after discharge from prison or pardon by the Governor, whichever occurs later, except as otherwise provided by the Crime Victims Compensation Act.
  4. All claims on account of the death of a law enforcement officer, civil defense worker, civil air patrol member, paramedic, fireman, chaplain, or State employee must be filed within 1 year of the date of death. A claim on an application prescribed and furnished by the Attorney General must also be filed within 1 year. (See 820 ILCS 315/4).
  5. All claims on account of the death of a national guardsman under §3 of the Illinois National Guardsman’s Compensation Act (20 ILCS 1825/3) must be filed with 1 year of the date of the death.
  6. All claims arising under the Crime Victims Compensation Act must be filed within 1 year of the crime on which a claim is based as provided in 740 ILCS 45/6.1.
  7. All claims arising from the Comptroller’s refusal to issue a replacement warrant under §10.10 of the State Comptroller Act (15 ILCS 405/10.10) must be filed within 5 years after the issue date of the warrant.
  8. All other claims must be filed within 2 years after accrual, except for minors and persons under legal disability at the time the claim accrues, in which case the claim must be filed within 2 years from the time the disability ceases.
  9. All time limitations established and rules promulgated under this Act are binding and jurisdictional, except upon extension authorized by law or rule and granted pursuant to a timely filed motion.

C. CRIME VICTIMS COMPENSATION ACT

740 ILCS 45/6.1: Time for filing
A person claiming compensation under the Crime Victims Compensation Act must file an application for compensation with the Court of Claims within 2 years of the occurrence of the crime or within 1 year after a criminal indictment of a person for an offense upon which the claim is based. If the person is under the age of 18 or under a legal disability at the time of the occurrence, the required application may be filed within 2 years after attaining the age of 18 or when the disability is removed. Legal disability for the purpose of this statute includes a diagnosis of posttraumatic stress disorder. The Court of Claims, upon good cause shown, may extend the time for filing a notice of intent to file and application for a period not to exceed 1 year.

D. CERTIFICATES OF INNOCENCE

P. A. 095-0970 creates 735 ILCS 5/2-702 which allows persons wrongfully convicted and imprisoned for a felony offense to file a petition for a certificate of innocence with the circuit court of the county in which they were convicted. There are conditions to the filing and notice requirements. If the petition is allowed, the person can then file a monetary claim with the court of claims. For causes of action predating the effective date of this act, petitions must be filed within two years of the effective date; for all others, filing must occur within two years of accrual. Eff. 9/22/08.

CRIME VICTIMS (see also Court of Claims)

LIMITATION ON FILING CLAIM AND ACTIONS

735 ILCS 5/2-2001: Crime victims
A victim of crime as defined in §2.3 of the Criminal Victims’ Asset Discovery Act (725 ILCS 145/2.3) has a cause of action for damages against a defendant who has been convicted of a crime, or found not guilty by reason of insanity, or guilty but mentally ill. The Civil Practice Law (735 ILCS 5/13-202, 202.1, 214.1; 740 ILCS 180/2) applies in the proceedings, and the case must be tried as in other civil cases. If the victim is deceased, the next of kin may maintain the action.

DECEDENT’S ESTATES AND TRUSTS

A. CLAIMS AGAINST THE ESTATE

1. Time to File Claims Against the Estate

755 ILCS 5/18-3: Claim date
It is the duty of the representative to publish once each week for 3 successive weeks and to mail or deliver a notice to each creditor whose name and address are known or reasonably ascertainable and whose claim has not been allowed or disallowed as provided in §18-11. The notice must indicate the death of the decedent, the name and address of the representative, attorney of record, and that claims may be filed on or before the date stated in the notice, which date may not be less than 6 months from the date of the first publication or 3 months from the date of mailing or delivery, whichever is later, and that any claim not filed on or before that date is barred.

2. Time to File Pleadings Concerning Other Claims

755 ILCS 5/18-5: Pleadings
Within 30 days from the mailing or delivery of the copy of a claim or counterclaim, any person whose rights may be affected by the allowance of the claim must file pleadings with the clerk of the court.

3. Allowance and Disallowance of Claims by Representative

755 ILCS 5/18-11: Allowance and disallowance of claims.
At any time, the representative may disallow all or part of any claim that has not been filed with the court by mailing or delivering a notice of disallowance to the claimant and to the claimant’s attorney of record if known. The notice must state that if the claim is not filed with the court on or before the date stated in the notice, which date must not be less than 2 months from the date of the notice, the claim is barred.

4. Limitation on Claims Against Estate of Decedent

755 ILCS 5/18-12: Limitation on payment of claims
Every claim against the estate of a decedent, except expenses for administration and surviving spouse’s or child’s award, is barred as to all of the decedent’s estate if:

  1. Notice is given to the claimant as provided in §18-3 and the claimant does not file a claim on or before the date stated in the notice; or
  2. Notice of disallowance is given to the claimant as provided in §18-11 and the claimant does not file a claim with the court on or before the date stated in the notice; or
  3. The claimant or the claimant’s address is not known to or reasonably ascertainable by the representative, and the claimant does not file a claim on or before the date stated in the published notice as provided in §18-3.This section does not bar actions to establish decedent’s liability to the extent that the estate is protected by liability insurance unless sooner barred under this section. All claims barrable under these provisions in any event are barred 2 years after the decedent’s death, regardless whether letters of office are issued.

5. Custodial Claims

Section 18-1.1 of the Probate Act (755 ILCS 5/18-1.1) allows certain named persons to make a claim against an estate for custodial care provided to a decedent prior to his death, if the care was provided for at least three years.
This claim must be brought within five years of death, and if timely made, the court must consider all the time for which care was provided, not just care provided within the five year period.

6. Sureties – Effect of Death of Principal Maker

740 ILCS 155/3: When principal maker dies—Diligence against estate
A creditor must present the note to the proper court within 6 months from the grant of letters of office for the estate of a principal maker of any note, bond, bill, etc. If not done within 6 months, any surety is released to the extent to which payment might have been collected from the estate in the proper time. This section does not prevent proceeding against sureties during the 6-month period.

B. ESCHEATED PROPERTY - TIME TO CLAIM

755 ILCS 20/7: Duty of County Treasurer—Proceedings to recover back escheated property
Any money paid into the treasury because the intestate’s property escheated must be claimed within 10 years after the intestate’s death. Persons other than those served with a scire facias or appearing in the proceedings, or their heirs or assigns, have 5 years after the judgment’s entry to appear and claim any land escheated to the county. For those under a disability, the limitation is 5 years after the removal of the disability.

C. WILLS

1. Duty to Deliver Will

755 ILCS 5/6-1: Duty to deliver will—Penalty
Any person holding a will of a deceased person must deliver it to the clerk of the court of the proper county immediately upon the death of the testator. Willfully secreting the will for 30 days after knowing of the testator’s death is a Class 3 felony.

2. Time for Executor to Refuse the Position or Present the Will for Probate

755 ILCS 5/6-3: Duty of executor to present the will for probate.
Within 30 days after acquiring knowledge that an individual is named as an executor, the person must either refuse the position or institute a proceeding to have the will probated.

3. Time for Spouse to Renounce the Will

755 ILCS 5/2-8: Method of renunciation of will
Within 7 months from the admission of the will to probate, the surviving spouse of a testator must renounce the will or file a verified petition stating that litigation affecting the spouse’s share is pending. The court may then allow further time within which to renounce.

4. Time to Contest the Admission or Denial of the Will—Survival of Right

755 ILCS 5/8-1: Right to contest—Time—Survival of rights
Within 6 months after the admission to probate of a domestic will under §6-4 or a foreign will under Article VII, any interested person may file a petition to contest the validity of the will in the proceeding for the administration of the testator’s estate or, if no proceeding is pending, in the court in which the will was admitted to probate. An action to set aside or contest the validity of (1) a revocable inter vivos trust agreement, or (2) a declaration of trust to which a legacy is provided by the settler’s will that is admitted to probate must be commenced within and not after the time to contest and validity of a will as provided in this Section and §13-223 of the Code of Civil Procedure.
755 ILCS 5/8-2: Contest of denial of admission of will to probate Within 6 months after the entry of an order denying admission to probate of a domestic will under §6-4 or a foreign will under Article VII, any interested person may file a petition to admit the will to probate in the administration of the decedent’s estate, or if no proceeding is pending, in the court which denied admission of the will to probate.

5. Fraudulent Wills—Actions by Creditors

735 ILCS 5/13-220: Fraudulent wills and testaments,
dispositions or appointments—Actions by creditors of ancestor or devisor Actions based upon fraud must be commenced within 2 years after the death of the person who allegedly makes a fraudulent devise or who dies intestate and leaves real estate to heirs to descend according to the laws of this state. However, if letters of office are applied for the estate within 2 years after death and the representative has complied with the provisions of §18-3 in regard to giving of notice to creditors, the action must be commenced within the time for presenting claims against estates of deceased persons as provided in the Probate Act of 1975.

6. Will Contract Enforcement—Limitation

735 ILCS 5/13-221: Contract to make will—Action to enforce
An action against the representative, heirs, and devisees of a deceased person to enforce a contract to make a will must be commenced within 2 years after the death of the deceased person. If letters of office are applied for the estate within 2 years of death and the representative has complied with the provisions of §18-3 in regard to giving of notice to creditors, the action must be commenced within the time for presenting a claim against the estate of a deceased person as provided in the Probate Act of 1975.

D. LIMITATION ON THE DURATION OF INCOME FROM TRUSTS, ETC., ESTABLISHED IN CONVEYANCES

765 ILCS 315/1: Limitations on trusts, etc., in deeds
Whole or partial income accumulation from any deed, will, agreement, or otherwise may not extend (from the date of settlement) beyond a life or lives in being at that time, PLUS 21 years. Note: This section does not apply to trusts covered by the Statute Concerning Perpetuities or to employee benefit plan trusts. 765 ILCS 305/3 and 305/5.

E. TRUSTS

1. Contesting Inter Vivos Trusts

735 ILCS 5/13-223: Inter vivos trusts—Actions to contest or set aside
An action to set aside or contest the validity of (1) a revocable inter vivos trust agreement, or (2) a declaration of trust to which a legacy is provided by the settlor’s will that is admitted to probate must be commenced within and not after the time to contest the validity of a will.

2. Action Against Trustee

760 ILCS 5/11: Limitation
A current account or final account is binding on the beneficiaries receiving the account and the beneficiaries’ heirs and assigns unless an action is filed against the trustee within 3 years from the date the current or final account is furnished. If a beneficiary is under legal disability, the account must be provided to the representative of the estate of the beneficiary and is binding on both unless an action is filed within 3 years from when the date the account is furnished. If the trustee is guilty of fraudulent concealment, the beneficiary must bring the action within 5 years after the cause of action is discovered by the beneficiary.

3. Total Return Trusts

760 ILCS 5/5.3(k): Total Return Trusts.
Any claim by any person interested in a total return trust that an act or omission by a trustee was an abuse of discretion, is barred unless asserted within 2 years after the trustee has sent a notice or report in writing, that sufficiently discloses facts fundamental to the claim such that the person knew or reasonably should have known of the claim, to the person or the person's guardian or conservator of his estate. However, this does not apply to a person who was under a legal disability at the time the notice or report was sent and who then had no personal representative (court appointed guardian or conservator of their estate). (PA 92-0338, Effective August 22, 2002).

DRUGS AND ALCOHOL (DRAM SHOP)

A. LIQUOR CONTROL ACT - PERSONAL INJURY

235 ILCS 5/6-21: Actions for damages caused by intoxication—Limitation
Every person who is injured in person or property by an intoxicated person has a right of action in his or her own name, severally or jointly, against any person who by selling or giving alcoholic liquor caused the intoxication of that person. Actions are barred unless commenced within 1 year next after the cause of action accrued. However, a licensed distributor or brewer is not liable under this section if the only connection with the furnishing of alcoholic liquor was the furnishing or maintaining of any apparatus for the dispensing or cooling of beer.

B. DRUG OR ALCOHOL IMPAIRED MINOR RESPONSIBILITY ACT

740 ILCS 58/5(c): A cause of action under the Drug or Alcohol Impaired Minor Responsibility Act is barred unless brought within 2years after the right of action accrues. (PA 93-588 Effective 1/1/04 but applies only to causes of action accruing after October 1, 2004).

C. DRUG DEALER LIABILITY ACT – LIMITATIONS

740 ILCS 57/70: Drug Dealer Liability Act—Limitation
A claim under the Drug Dealer Liability Act must be brought within 2 years after the cause of action accrues.
A cause of action accrues under this Act when a person who may recover has reason to know of the harm from illegal drug use that is that basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm. For a plaintiff, the statute of limitation under this Act is tolled while the individual potential plaintiff is incapacitated by the use of an illegal drug to the extent that the individual cannot reasonably be expected to seek recovery under this Act or as otherwise provided by law. For a defendant, the statute of limitation under this Act is tolled until 6 months after the individual potential defendant is convicted of a criminal drug offense or as otherwise provided by law.

ELECTION CONTESTS

A. CONTESTING CERTIFICATES OF NOMINATION AND PETITIONS TO SUBMIT PUBLIC QUESTIONS TO REFERENDUM

1. Before Electoral Board

10 ILCS 5/10-8: Certificates of nomination and nomination papers, and petitions to submit public questions to a referendum which are filed in apparent conformity with the Election Code are deemed valid unless a written objection thereto is made within 5 business days after the last day for filing the certificate of nomination, nomination papers, or petition for a public question, with the following exceptions:

  1. In the case of petitions to amend Article IV of the Illinois Constitution, objections may be filed within 35 days.
  2. In the case of petitions for advisory questions of public policy, objections may be filed within 35 days after the last day for the filing of such petitions.

2. Judicial Review

10 ILCS 5/10-10.1: An aggrieved candidate or objector may file a petition for judicial review of a decision of the electoral board in the circuit court of the county in which the hearing of the electoral board was held within 10 days after the decision of the electoral board; and must serve a copy of the petition upon the electoral board and other parties to the proceeding by certified or registered mail. Although no answer need be filed, any answer must be filed within 10 days after the filing of the petition. The court shall set the matter for hearing to be held within 30 days after the filing of the petition. Regarding a decision of the electoral board regarding a petition filed pursuant to Section 18-120 of the Property Tax Code may file a petition to review an adverse decision of the electoral board by filing a petition with the State Board of Elections within 10 days of the decision of the electoral board. Any such objector or proponent may apply for and obtain judicial review of a decision of the State Board of Elections, in accordance with the provisions of the Administrative Review Law, as amended.

B. CONTESTING PRIMARY NOMINATIONS

10 ILCS 5/7-63: Primary Nominations.
Any candidate whose name appears upon the primary ballot of any political party may contest the election of the candidate or candidates nominated for the office for which he or she was a candidate by his or her political party, by filing with the clerk of the circuit court a petition in writing within 10 days after the completion of the canvass of the returns by the canvassing board.

C. CONTESTING RESULTS OF MEASURE SUBMITTED TO VOTERS

10 ILCS 5/23-24: Contests of constitutional amendments- Public questions
In the case of all constitutional amendments or other public measures submitted to the voters of this state, or any city, village, incorporated town, county, sanitary district, municipal corporation, or any other subdivision in this state, any 5 electors of the applicable subdivision may contest the results of any such election within 30 days after the results of the election have been determined. These limitations periods are generally subject to waiver, tolling, and estoppel.

D. CONTESTING ELECTION FOR STATE-WIDE EXECUTIVE OFFICE

10 ILCS 5/23-1.2a: Who may contest—Time and place for filing
The results of an election, including a primary, for an elected statewide executive office may be challenged by any candidate for that office, by any person who filed a declaration of intent to be a write-in candidate for that office, or by any person voting in the election by filing within 15 days of the date of the official proclamation of the results of the election a Petition of State Election Contest with the Clerk of the Supreme Court together with a $10,000 filing fee.

E. CONTESTING ELECTION FOR OTHER THAN STATEWIDE EXECUTIVE OFFICE

10 ILCS 5/23-13, 23-19, 23-20: Elector’s right of contest generally
An election of any person declared elected to public office other than Governor, Lieutenant Governor, Secretary of State, State Comptroller, Treasurer, Attorney General, Senator or Representative, may be contested within 30 days after the person whose election is contested is declared elected by filing a petition to contest with the proper clerk, board, or the clerk of the proper court.

F. CONTEST OF LIQUOR VOTE

235 ILCS 5/9-19: Contest of election—Procedure—Jurisdiction of county court
Any 5 voters of a political subdivision in which an election has been held under the Liquor Control Act may contest the validity of that election within 10 days after the returns have been canvassed.

EMPLOYMENT

A. WORKERS’ COMPENSATION AND OCCUPATIONAL DISEASES ACTS

1. Limitations and Notice – Filing Claim with Industrial Commission

820 ILCS 305/6: Posting of notice by employer—Records and reports of injuries—Notice of accident—Limitations
Employers subject to this Act must maintain accurate records of work-related deaths, injuries, and illnesses and file with the Industrial Commission a report of all accidental deaths, injuries, and illnesses resulting in a loss of more than 3 scheduled work days. In case of death, the report must be made no later than 2 working days following the accidental death. Failure to file constitutes a petty offense. As soon as practicable, but no later than 45 days after the accident, notice of the accident must be given to the employer in order to maintain a proceeding under the Workers’ Compensation Act.

Limitations of the Act do not affect a legally disabled employee or dependent of an employee until a guardian has been appointed. An employee has 90 days to give notice from the time the employee knows or suspects that he or she has received an excessive dose of radiation. In any case, other than one due to radiation exposure or asbestos, an employee has 3 years to apply to the Industrial Commission for compensation if no compensation has been paid, or 2 years from the date of the last payment of compensation, if any has been paid. An employee has 25 years from the last day of employment in an environment of hazardous radiological activity or asbestos to apply for compensation for injury caused by exposure to either. When the injury (other than radiation exposure or asbestos) results in death, application may be filed with Commission within 3 years of death when no compensation has been paid, or within 2 years after the last payment of compensation, if any, whichever may be later. When the injury was caused by radiation exposure or asbestos and results in death within 25 years of the last day the employee was so exposed, the applicant has 3 years after date of death if no compensation has been paid, or 2 years after the last compensation payment, if any, whichever shall be later. Any contract or agreement made by the employer or the employer’s agent with any employee or beneficiary made within 7 days of the injury is presumed to be fraudulent.

2. Presumptions of Exposure—Limitations

820 ILCS 310/1: Limitations
No compensation under the Workers’ Occupational Diseases Act may be made, unless the disablement occurs within 2 years of the last day of exposure to the hazards, except for:

  1. diseases caused by berylliosis or the inhalation of silica or asbestos dust—within 3 years; or
  2. diseases caused by exposure to radiological materials—within 25 years.

3. Limitations and Notice of Injury

820 ILCS 310/6: Employers to post notices—Records and reports of occupational diseases—Notice of disablement— Limitations
Employers subject to this Act must maintain accurate records of work-related deaths, injuries, and illnesses and file with the Industrial Commission a report of all occupational diseases resulting in death, disablement, or illness resulting in a loss of more than 3 scheduled working days. In case of death, the report must be made no later than 2 working days following the occupational death. Failure to file constitutes a petty offense. Notice must be given to the employer of disablement arising from an occupational disease as soon as practicable after the date of disablement. If failure to give notice substantially prejudices the rights of the employer, the Industrial Commission may bar the right of the employee to proceed under the Act. In case of legal disability of the employee or any dependents of a deceased employee who may be entitled to compensation, the limitations do not run against them until a conservator or guardian has been appointed. No defect of the notice is a bar to the maintenance of proceedings by the employee unless the employer proves undue prejudice from the defect. Other than injury or death caused by exposure to radiological equipment or materials or asbestos, the right to file is barred unless application for compensation is filed within the later of 3 years after the date of disablement if no compensation has been paid, or within 2 years after the date of the last payment of compensation if any has been paid. If the occupational disease results in death, application for compensation must be filed within 3 years after the date of disablement if no compensation has been paid or within 3 years after the date of the last payment, whichever is later. The right to file is barred in cases of disability caused by coal miners’ pneumoconiosis unless application is filed within 5 years after the employee was last exposed or 5 years after the last compensation payment. In cases of disability caused by exposure to radiological materials or equipment or asbestos, application for compensation must be filed within 25 years after the employee was so exposed or the right to file is barred. In cases of death occurring within 25 years from the last exposure to radiological material or equipment or asbestos, application must be filed within 3 years if no compensation was paid or within 3 years after the last payment, if any. Any contract or agreement made by the employer or the employer’s agent with the employee or beneficiary within 7 days after the disablement is presumed to be fraudulent.

B. ASSIGNMENT OF WAGES AND NOTICE OF DEFENSES

1. When Demand on Employer May be Made

740 ILCS 170/2: When demand may be made on employer
Demand on an employer for the wages of an employee may not be made unless:

  1. there has been a 40-day default on the debt that continues to the date of demand;
  2. the demand contains a correct statement of the amount the wage earner is in default; and
  3. at least 20 days before the demand, notice of intent to make the demand is served on the employee with a copy sent by certified or registered mail to the employer.This section applies only until the total amount is paid or until the end of the employer’s pay period immediately prior to 84 days after the service of the demand.

2. Notice of Defense to Employer

740 ILCS 170/4.1: Notice of defense—Form
Within 20 days after notice is given or within 5 days of service of the demand itself, the employee must notify the employer in writing of any defense to the wage assignment. A certified or registered mail copy must be sent to the creditor.

3. Limitation on Validity of Assignment

740 ILCS 170/5: Assignment invalid after three years
No assignment of wages is valid after 3 years from the date of its execution.

4. Assignment as to Future Employers

740 ILCS 170/3: Validity of assignment as to future employers
An assignment of wages is valid as to subsequent employers of the assignor within 2 years of its execution.

5. Contesting Orders for Withholding of Child Support

750 ILCS 28/25(c), 30: Contesting Orders for Withholding
An obligor may contest withholding commenced pursuant to a Notice of Withholding, by filing a petition to contest withholding with the clerk of the Circuit Court within twenty days after service of the income notice on the obligor.

C. EQUAL WAGE ACT

820 ILCS 110/2: Limitation of actions
Any action based on the Equal Wage Act must be instituted within 6 months after the date of the alleged violation.

D. HUMAN RIGHTS ACT (See Human Rights Violations)

E. MINIMUM WAGE LAW

1. Claims by Employees

820 ILCS 105/12(a): Claims by Employees
An employee may recover in a civil action the amount of any underpayments for minimum wages or overtime pay due by virtue of the Minimum Wage Law, together with costs and such reasonable attorney’s fees as may be allowed by the Court, or the Department of Labor may recover in trust for the employee such sums, together with attorneys fees and costs of collection, within 3 years from the date of the underpayment.

2. Claims by Department of Labor

820 ILCS 105/12(b): Claims made by Department of Labor
The Director of the Department of Labor is authorized to supervise the payment of the unpaid minimum wages and the unpaid overtime compensation owing to any employee or employees for minimum wages and overtime pay due under the Minimum Wage Law; and may bring any legal action necessary to recover the amount of the unpaid minimum wages and unpaid overtime compensation and an equal additional amount as punitive damages, and the employer shall be required to pay the costs, within 5 years from the date of the failure to pay the wages or compensation. (effective 1-1-02).

F. WAGE PAYMENT AND COLLECTION ACT

820 ILCS 115/1 et seq,: Wage Payment and Collection Act
The Wage Payment and Collection Act requires final compensation to be paid to an employee at time of separation, so that cause of action for nonpayment and 5-year statute of limitations begins to run at that time.Armstrong v Hedlund Corp, 316 Ill App 3d 1097, 738 NE2d 163, 250 Ill Dec 199 (1st D 2000). Because the State is enforcing a private right when it files complaint for collection of vacation pay and penalties allegedly due a former employee pursuant to the Wage Payment and Collection Act, five-year limitations period of Section 13-205 applies.
P.A. 95-209, eff. 8/16/07, increases the limitation period to ten years for actions under this Act. Also sets a one year period of limitations for the filing of wage complaints with the Department of Labor

G. EQUAL PAY ACT OF 2003

820 ILCS 112/30: A cause of action under the Equal Pay Act of 2003 may be brought within 3 years of the date the employee learns of the underpayment. PA 93-0006 (Eff January 1, 2004). Note: P.A. 096-0467, eff. 8/14/09, amends this Act to provide that if a person wants to file a claim with the Department of Labor, then a signed, complete, complaint of underpayment must be filed with the department within one year of the underpayment.

H. VICTIMS’ ECONOMIC SECURITY AND SAFETY ACT

820 ILCS 180/35: An employee, or representative of employees, who believe that an employer has violated his or her rights under the Victims’ Economic Security and Safety Act may file a complaint with the Department of Labor within 3 years of the alleged violation. (PA 93-591 Effective 8/25/2003).

ENVIRONMENTAL PROTECTION ACT

WHEN AN ACTION MAY BE BROUGHT

415 ILCS 5/45: Actions by persons adversely affected Anyone adversely affected in fact by a violation of the Environmental Protection Act may not bring an action for injunctive relief until 30 days after the plaintiff has been denied relief by the Pollution Control Board.

FOREIGN ACTIONS AND JUDGMENTS

A. ACTIONS ARISING AND BARRED IN FOREIGN STATES

735 ILCS 5/13-210: Foreign limitations
When a cause of action arises in another state, territory, or foreign country and that jurisdiction’s limitation period has run, the action may not be maintained in this State.

B. ENFORCEMENT IN ILLINOIS OF A NONILLINOIS JUDGMENT

Prior to 1991, the applicable statute of limitation was the 5-year statute for “Civil Actions Not Otherwise Provided For,” 735 ILCS 5/13-205. Wisconsin v Ubrig, 128 Ill App 3d 743, 470 NE2d 1297 (2d D 1984); Vrozos v Sarantopoulos, 195 Ill App 3d 610, 552 NE2d 1093 (1st D 1990). The Uniform Enforcement of Foreign Judgments Act (the “Sister-State Act,” 735 ILCS 5/12-650--735 ILCS 5/12-657) was amended in 1991 to provide that sister state judgments were to be enforced or satisfied in like manner as an Illinois judgment (735 ILCS 5/12-652). Therefore, the 5-year catch-all statute need not be resorted to and the Illinois 7-year statute applicable to Illinois judgments. 735 ILCS 5/12-108(a), would govern sister-state judgments as well. In re Marriage of Kramer, 253 Ill App 3d 923, 625 NE2d 808 (4th D 1993); Johnson v Johnson, 267 Ill App 3d 253, 642 NE2d 190 (1994).

The Uniform Foreign Money-Judgments Recognition Act (the “Foreign Country Act,” 735 ILCS 5/12-618--735 ILCS 12-626), provides that a foreign country judgment is enforceable in the same manner as the judgment of a sister state, 735 ILCS 5/12-620. Therefore, the 7-year statute of limitations now applicable to sister state judgments is also now applicable to foreign country judgments. La Societe Anonyme Goro v Conveyor Accessories, Inc, 286 Ill App 3d 867, 677 NE2d 30 (2d D 1997). The Illinois statute of limitations may not be circumvented by filing a claim in probate court instead of registering it as a foreign judgment under 735 ILCS 5/12-652. In re Estate of Sarron, 317 Ill App 3d 402, 736 NE2d 133, 249 Ill Dec 291 (3d D 2000). Pursuant to Uniform Foreign Money-Judgments Recognition Act and Uniform Enforcement of Foreign Judgments Act, court should register judgment, which is properly authenticated, without regard to limitations period for enforcement. Pinilla v Harza Engineering Co, 324 Ill App 3d 803, 755 NE2d 23, 257 Ill Dec 921 (1st D 2001).

FRANCHISES

A. FRANCHISE DISCLOSURE ACT

815 ILCS 705/27: Periods of limitation
No private civil action under the Franchise Disclosure Act of 1987 may be maintained unless brought within 3 years from the transaction or act in violation, or 1 year from the discovery of the fact constituting the violation, or 90 days from the delivery to the franchisee of written notice disclosing the violation.

B. MOTOR VEHICLE FRANCHISE ACT

1. Arbitration and Administrative Proceedings

815 ILCS 710/12: Arbitration; administrative proceedings; civil actions; determining good cause.

  1. The franchiser and franchisee may agree to submit a dispute involving certain violations of the Act to arbitration. An arbitration proceeding here-under shall be commenced by written notice to the franchiser by the objecting franchisee within 30 days from the date the dealer received notice to cancel, terminate, modify or not extend or renew an existing franchise or selling agreement or refusal to honor succession to ownership or refusal to honor a sale or transfer or to grant or enter into the additional franchise or selling agreement, or to relocate an existing motor vehicle dealer; or within 60 days of the date the franchisee received notice in writing by the franchiser of its determination. The franchiser and the franchisee shall appoint their respective arbitrators and they shall select the third arbitrator within 14 days of receipt of such notice by the franchiser. The arbitrators shall commence hearings within 60 days after all the arbitrators have been appointed and a decision shall be rendered within 30 days after completion of the hearing.
  2. If the franchiser and the franchisee have not agreed to submit a dispute involving certain violations of the Act to arbitration under subsection (a), then a proceeding before the Motor Vehicle Review Board for a remedy other than damages shall be commenced upon receipt by the Motor Vehicle Review Board of a timely notice of protest or within 60 days of the date the franchisee received notice in writing by the franchiser of its determination under any provision of those Sections; however, if notice of the provision under which the determination has been made is not given by the franchiser, then the proceeding shall be commenced as provided by Section 14 (Limitations) of this Act.

2. Limitations

815 ILCS 710/14: Limitations.
Actions arising out of any provision of the Motor Vehicle Franchise Act shall be commenced within 4 years next after the cause of action accrues; provided, however, that if a person liable hereunder conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the discovery of his cause of action by the person entitled shall be excluded in determining the time limited for the commencement of the action. If a cause of action accrues during the pendency of any civil, criminal or administrative proceeding against a person brought by the United States, or any of its agencies under the antitrust laws, the Federal Trade Commission Act, or any other federal act, or the laws or to franchising, such actions may be commenced within one year after the final disposition of such civil, criminal or administrative proceeding.

HEALTH CARE

A. HEALTH CARE MALPRACTICE – LIMITATION

735 ILCS 5/13-212: Physician, dentist, registered nurse or hospital
An action for damages for injury or death against any physician, dentist, registered nurse, or hospital, whether based upon tort, breach of contract, or otherwise arising out of patient care, must be brought within 2 years from the date the claimant knew, should have known, or received notice in writing of the injury or death, whichever occurs first. But in no event may the action be commenced more than 4 years from the date on which the act or omission at issue occurred. An action for damages for injury or death against any physician, dentist, registered nurse, or hospital, whether based upon tort, breach of contract, or otherwise arising out of patient care, must be brought within 8 years from the date of the act or omission complained of when the person entitled to bring the action was, at the time the cause of action accrued, under the age of 18 years. However, in no event may the action be brought after the person’s 22nd birthday. If the person was under the age of 18 years when the cause of action accrued, and as a result of this amendatory act the action is either barred or there remains less than 3 years to bring the action, then that person may bring the action within 3 years of July 20, 1987. These limitation periods do not apply in the case of a defendant who is guilty of fraudulent concealment, in which case the claimant may bring the action within 5 years after the discovery of a cause of action. (735 ILCS 5/13-215). If the person entitled to bring the action is under a legal disability, other than being under the age of 18 years, the period of limitation does not begin to run until the disability is removed.

B. MALPRACTICE - DEMAND FOR ARBITRATIION.

710 ILCS 15/10: Commencement of proceedings
Notice of a demand for arbitration under the Health Care Malpractice Arbitration Act to any party from whom damages are sought tolls any statute of limitation as to all parties named in the notice.

C. PSYCHOTHERAPISTS (see Professions and Occupations)

D. HEALTH CARE PLANS

Because plaintiff’s claim for breach of contract resulting from failure to provide her access to primary care physician is claim which arises out of patient care, 2-year limitations period of 735 ILCS 5/13-212 applies to render plaintiff’s complaint untimely. Thornton v Shah 333 Ill App 3d 1011, 777 NE2d 396, 267 Ill Dec 593 (1st D 2002).

E. MENTAL HEALTH TREATMENT CHARGES

1. Mental Health Treatment Charges - Liability

405 ILCS 5/5-105: Liability for charges—Duration—Review
The liability of each responsible relative for payment of treatment charges for their relative-patient in a Department of Mental Health program ends when payments on the basis of financial ability have been made for a total of 12 years for any patient. Any portion of that 12-year period during which the responsible relative has been determined by the Department to be financially unable to pay must be included in fixing the total period of liability.

2. Mental Health Treatment Charges – Review for Sums Due

405 ILCS 5/5-111: Notice of determination of sums due—Review
One who has been issued a Notice of Determination of sums due has 90 days from the date of the Notice of Determination to petition the Department for review. Anyone aggrieved by the decision of the Department at the hearing has 30 days to file a petition for review by the Board of Reimbursement Appeals.

3. Mental Health Treatment Charges Duration of Liability for Relatives

405 ILCS 5/5-113: Actions by State’s Attorneys against relatives
No responsible relative may be held liable for charges for treatment furnished a patient more than 5 years before the time the action was filed against the responsible relative. This 5-year limitation does not apply to a patient or a patient’s estate.

INSURANCE

A. REQUIRED ACCIDENT AND HEALTH POLICY PROVISIONS

1. Time to Give Written Notice of Claim

215 ILCS 5/357.6: Notice of claim
Within 20 days from the occurrence or the start of any loss, or as soon thereafter as reasonably possible, the insurance company must be given written notice of a claim. Notice of continuing disability for which indemnity may be payable must be given at least once every 6 months.

2. Time to Furnish Written Proof of Loss

215 ILCS 5/357.8: Proof of loss
Within 90 days from the date of loss or the end of a continuing loss, the insurance company must be furnished with written proof of loss. Proof is not required if not reasonably possible to give within the time, but the claimant must comply within 1 year except in the case of legal incapacity.

3. Time to File for Recovery on the Policy

215 ILCS 5/357.12: Legal actions
Within 3 years from the time written proof of loss is required, an action to recover on an accident or health insurance policy must be brought. No such action may be brought until 60 days after written proof of loss has been furnished to the company.

B. TOLLING OF LIMITATION PERIOD

215 ILCS 5/143.1: Period of limitation tolled
Whenever any policy or contract for insurance (except life, accident and health, fidelity and surety, and ocean marine policies) contains a limitation period in which the insured may bring suit, the running of the period is tolled from the date proof of loss is filed, in the form required by the policy, until the date the claim is denied in whole or in part.

C. CAPTIVE INSURANCE COMPANIES

Actions to Recover Profit Improperly Received by a Director, etc.

215 ILCS 5/123C-7: Directors—Conflict of interest
A suit to recover any profit or gain improperly received by or on behalf of a director, officer, or employee having any authority in the investment or disposition of funds may be instituted by the company or by any stockholder of the company in its name and on its behalf if the company fails or refuses to bring such suit within 60 days after request in writing or if the company fails diligently to prosecute. No such suit may be brought more than 2 years after the date the profit or gain was discovered.

D. ACTIONS AGAINST

Actions Against Insurance Producers, Limited Insurance Representatives and Registered Firms

735 ILCS 5/13-214.4: Statute of limitations
All causes of action brought by any person or entity under any statute or any legal or equitable theory against an insurance producer, registered firm, or limited insurance representative concerning the sale, placement, procurement, renewal, cancellation of, or failure to procure any policy of insurance must be brought within 2 years of the date the cause of action accrues.

E. INSURANCE CLAIM FRAUD PREVENTION ACT

740 ILCS 92/45: Limitations.
Actions for violation of the Insurance Claim Fraud Prevention Act, which prohibits solicitation and payments to individuals to file false claims, must be brought within three years after discovery of the facts constituting grounds for filing suit. In no event may a civil action be brought for insurance claims fraud later than 8 years after commission of the act constituting a violation.

INTEREST

A. COMPUTATION OF TIME

815 ILCS 205/10: Computation of Time
For all computations of time, interest, and discounts, a month is considered a calendar month, a year consists of 12 calendar months, and each day is considered a thirtieth of a month.

B. UNLAWFUL INTEREST RATES

815 ILCS 205/6: Penalty—Limitation on actions to recover
When a person or corporation contracts for or receives by any device (this does not include a bona fide error corrected in a reasonable time) unlawful interest, discount, or charges for or in connection with any loan of money, the obligor may be entitled to twice that amount, reasonable attorney’s fees, and court costs. An action may be brought after the transaction and up to 2 years from the earlier of (1) the date of the last payment including renewals and extensions, or (2) the date the total amount due is paid in full.

C. CHILD SUPPORT

735 ILCS 5/12-108
Amendment to 12-108 allowing child support judgments to be enforced at any time applied retroactively where the prior 20-year limitation had not run when the amendment was passed.

JUDICIAL SALES

JUDICIAL SALES - WHEN DEED ISSUED

735 ILCS 5/12-145: Deed—Time of execution—Limitation
Within 5 years from the expiration of the time of redemption, the legal holder of a certificate issued pursuant to a judicial sale must be issued a deed to the property from the officer who made the sale. If not done in this time, the certificate is null and void unless the holder has entered into possession under and in reliance on the certificate within those 5 years. If it is wrongfully withheld by the officer, or the execution is restrained by an injunction of a court, the time the deed is withheld is not included in those 5 years.

LAND TRUSTS

ACTIONS AGAINST BENEFICIARIES NOT ORIGINALLY NAMED

735 ILCS 5/2-616(e): Amendments to pleadings—Land trusts
An action against a beneficiary of a land trust not originally named a defendant is not barred by lapse of time under any contract or statute of limitation if the following terms and conditions are met:

  1. the cause of action arises from the ownership, use, or possession of the real estate in which record title is held by a land trustee;
  2. the limitation period had not expired when the original action was commenced;
  3. the land trustee of record is named as a defendant; and
  4. the plaintiff proceeds with reasonable diligence after commencement of the action to serve process upon the land trustee, determine the identity of the beneficiary, and to amend the complaint to name the beneficiary as a defendant.

LEGAL MALPRACTICE

A. ATTORNEYS – GENERALLY

735 ILCS 5/13-214.3: Limitation
An action brought against an attorney or against a non-attorney employee of an attorney arising out of an act or omission in the performance of professional services must be commenced within 2 years from the time the person bringing action knew, or reasonably should have known, of the injury for which the action is being brought. However, except for occasions when the injury does not occur until the death of the person for whom the professional services were rendered, such action may not be commenced in any event more than 6 years after the date on which the act or omission occurred.

B. ESTATE, WILLS AND DEATH PLANNING

When the injury does not occur until the death of the person for whom the professional services were rendered, the action may be commenced within 2 years after the date of the person’s death unless letters of office are issued or the person’s will is admitted to probate within that 2-year period, in which case the action must be commenced within the time for filing claims against the estate or a petition contesting the validity of the will of the deceased person, whichever is later, as provided in the Probate Act of 1975. (PA 86-1371) PA 89-7 changed this statute of repose to an absolute 6 years.

C. MINORS AND PERSONS UNDER DISABILITY (Also see Computation - Minors)

If the person entitled to bring the action is under the age of majority or other legal disability, the period of limitation does not begin to run until majority is attained or the disability is removed.

LIENS

A. AGRICULTURE (See also Secured Transactions)

1. Stallions and Jacks—Claim for Lien after Service

770 ILCS 100/2: Claim for lien—Filing with recorder.
Within 24 months after a mare or jennet has been served by a stallion or jack, the owner of the stallion or jack must record a claim of lien on the mare, jennet, or offspring. The claim of lien must include the name and residence of the claimant, the name of the owner of the animals served or born, a description of the animals sufficient for identification, and the amount due. An action to foreclose the lien must be brought within 30 months from the date of the service.

2. Horseshoer’s Liens—Filing Claim

770 ILCS 30/2, 30/3: Lien upon animal shod—When does not attach—Expiration
Every person or authorized agent who shoes a horse, mule, ox, or other animal has a lien on the animal for the reasonable charge for those services. A claim for lien must be filed within 6 months of the shoeing to preserve the lien. The claim for lien expires and becomes void if an action is not brought to foreclose within 3 days after filing.

B. LIENS FOR LABOR AND STORAGE (See also Secured Transactions)

1. Liens for Labor and Storage—Limitations

770 ILCS 45/1: Lien on chattels for labor—Commencement—Amount
Any person who has expended labor or materials or furnished storage for any chattel at the request of its owner, reputed owner, or agent has a lien on the chattel. The liens begin on the date of commencement of labor or storage for the contract price or reasonable worth. The lien continues for 1 year from the date of completion of the labor or storage. The fact that possession of the chattel has been surrendered to the owner is irrelevant.

2. Liens for Labor and Storage—Notice

770 ILCS 45/2: Expiration of lien—Lien notice
A claimant must record a lien notice within 60 days from the date of delivery of the chattel to the owner or agent or the lien will cease.

C. LIENS FOR LABOR AND STORAGE (UNDER $2,000)

1. Sale Unless Redeemed

770 ILCS 50/2: Public sale unless redeemed within 90 days
Unless the chattel is redeemed within 90 days of completion of the expenditure of labor or services or furnishing of storage, or within 90 days of the date agreed upon for redemption, the lien may be enforced by a commercially reasonable public or private sale.

2. Notice of Sale

770 ILCS 50/3: Sale—Notice
A sale may be held only after two separate 30 day notices. One notice is by publication of the time and place of the sale in a newspaper of general circulation in the area. The other is by certified mail addressed to the person requesting or consenting to the expenditure of labor or services or the furnishing of the storage.

3. Time of Sale

770 ILCS 50/4: Time of sale
If the chattel is not redeemed within 30 days after the publication of the notice of sale, the lienor may sell the articles at a commercially reasonable public or private sale. The owner may reclaim the proceeds in excess of expenses within 6 months from the lienor and thereafter within 3 years from the county treasurer.

D. SECURED TRANSACTIONS (UCC ARTICLE 9)

1. Financing Statements

810 ILCS 5/9-515: Duration and effectiveness of financing statement; effect of lapsed financing statement.
Five-year effectiveness. Except as otherwise provided in subsections (b), (e), (f), and (g), a filed financing statement is effective for a period of five years after the date of filing. b) Public-finance or manufactured-home transaction. Except as otherwise provided in subsections (e), (f), and (g), an initial financing statement filed in connection with a public-finance transaction or manufactured-home transaction is effective for a period of 30 years after the date of filing if it indicates that it is filed in connection with a public-finance transaction or manufactured-home transaction. c) Lapse and continuation of financing statement. The effectiveness of a filed financing statement lapses on the expiration of the period of its effectiveness unless before the lapse a continuation statement is filed pursuant to subsection (d). Upon lapse, a financing statement ceases to be effective and any security interest or agricultural lien that was perfected by the financing statement becomes, unless the security interest is perfected otherwise. If the security interest or agricultural lien becomes unperfected upon lapse, it is deemed never to have been perfected as against a purchaser of the collateral for value. d) When continuation statement may be filed. A continuation statement may be filed only within six months before the expiration of the five-year period specified in subsection (a) or the 30-year period specified in subsection (b), whichever is applicable. e) Effect of filing continuation statement. Except as otherwise provided in Section 9-510, upon timely filing of a continuation statement, the effectiveness of the initial financing statement continues for a period of five years commencing on the day on which the financing statement would have become ineffective in the absence of the filing. Upon the expiration of the five-year period, the financing statement lapses in the same manner as provided in subsection (c), unless, before the lapse, another continuation statement is filed pursuant to subsection (d). Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial financing statement. (f) Transmitting utility financing statement. If a debtor is a transmitting utility and a filed financing statement so indicates, the financing statement is effective until a termination statement is filed. (g) Record of mortgage as financing statement. A record of a mortgage that is effective as a financing statement filed as a fixture filing under Section 9-502(c) remains effective as a financing statement filed as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real property. (Source: PA 91-893, eff. 7-1-01).

2. Financing Statement - New Debtor

810 ILCS 5/9-508: Effectiveness of Financing Statement
When New Debtor Becomes Bound by Security Agreement. When a new debtor has or acquires rights to collateral described in a financing statement, and the name is sufficiently different from the original debtor that the financing statement becomes “seriously misleading” as defined by Section 9-503, a new financing statement describing the new debtor must be filed within four months.

3. Termination Statements

810 ILCS 5/9-513: Termination statement.

  1. Consumer goods. A secured party shall cause the secured party of record for a financing statement to file a termination statement for the financing statement if the financing statement covers consumer goods and:
    1. There is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or
    2. The debtor did not authorize the filing of the initial financing statement.
  2. Time for compliance with subsection (a). To comply with subsection (a), a secured party shall cause the secured party of record to file the termination statement:
    1. within one month after there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or
    2. if earlier, within 20 days after the secured party receives an authenticated demand from a debtor.
  3. Other collateral. In cases not governed by subsection (a), within 20 days after a secured party receives an authenticated demand from a debtor, the secured party shall cause the secured party of record for a financing statement to send to the debtor a termination statement for the financing statement or file the termination statement in the filing office if:
    1. except in the case of a financing statement covering accounts or chattel paper that has been sold or goods that are the subject of a consignment, there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value;
    2. the financing statement covers accounts or chattel paper that has been sold but as to which the account debtor or other person obligated has discharged its obligation;
    3. the financing statement covers goods that were the subject of a consignment to the debtor but are not in the debtor’s possession; or
    4. the debtor did not authorize the filing of the initial financing statement.
  4. Effect of filing termination statement. Except as otherwise provided in Section 9-510, upon the filing of a termination statement with the filing office, the financing statement to which the termination statement relates ceases to be effective. Except as otherwise provided in Section 9-510, for purposes of Sections 9-519(g), 9-522(a), and 9-523(c) the filing with the filing office of a termination statement relating to a financing statement that indicates that the debtor is a transmitting utility also causes the effectiveness of the financing statement to lapse.

4. Secured party’s rights on disposition of collateral and in proceeds

810 ILCS 5/9-315: Secured party’s rights on disposition of collateral and in proceeds.

  1. Disposition of collateral: continuation of security interest or agricultural lien; proceeds. Except as otherwise provided in this Article and in Section 2-403(2):
    1. a security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless the secured party authorized the disposition free of the security interest or agricultural lien; and
    2. a security interest attaches to any identifiable proceeds of collateral.
  2. When commingled proceeds identifiable. Proceeds that are commingled with other property are identifiable proceeds:
    1. if the proceeds are goods, to the extent provided by Section 9-336; and
    2. if the proceeds are not goods, to the extent that the secured party identifies the proceeds by a method of tracing, including application of equitable principles, that is permitted under law other than this Article with respect to commingled property of the type involved.
  3. Perfection of security interest in proceeds. A security interest in proceeds is a perfected security interest if the security interest in the original collateral was perfected.
  4. Continuation of perfection. A perfected security interest in proceeds becomes unperfected on the 21st day after the security interest attaches to the proceeds unless:
    1. the following conditions are satisfied:
      1. a filed financing statement covers the original collateral;
      2. the proceeds are collateral in which a security interest may be perfected by filing in the office in which the financing statement has been filed; and
      3. the proceeds are not acquired with cash proceeds;
    2. the proceeds are identifiable cash proceeds; or
    3. the security interest in the proceeds is perfected other than under subsection (c) when the security interest attaches to the proceeds or within 20 days thereafter.
  5. When perfected security interest in proceeds becomes unperfected. If a filed financing statement covers the original collateral, a security interest in proceeds which remains perfected under subsection (d)(1) becomes unperfected at the later of:
    1. when the effectiveness of the filed financing statement lapses under Section 9-515 or is terminated under Section 9-513; or
    2. the 21st day after the security interest attaches to the proceeds.

E. JUDGMENT LIENS

1. Duration of Judgment Liens

735 ILCS 5/12-101: Lien of judgment
A judgment may not be a lien on real estate longer than 7 years from the time it was rendered or revived. A transcript, certified copy, or memorandum of the decree or order must be recorded. (See this section for content requirements of the memorandum.)

2. Judgments Resulting in Child Support Payments—Release of Lien

735 ILCS 5/12-101: Lien of judgment for child support payments—Release
If no affidavit objecting to the release of the lien for installments of child support is filed within 28 days of the notice required to be filed for release of the lien, the lien is released and no longer subject to foreclosure.

3. Limitation on Enforcement of Judgment Liens

735 ILCS 5/12-108: Limitation on enforcement
Except as provided herein, no judgment shall be enforced after 7 years from the time it was rendered (except upon revival by proceeding as provided by 735 ILCS 5/2- 1602). Real estate levied on within the 7 years may be sold to enforce the judgment at any time within 1 year after the end of the 7 years. A judgment recovered in an action for damages for an injury arising out of first degree murder or a Class X felony (735 ILCS 5/13-214.1) may be enforced at any time. A childsupport judgment, including those arising by operation of law, may be enforced at any time. (PA 90-18). See also the revival of judgment provisions at 735 ILCS 5/13-218.

4. Judgment Liens—Time of Restraint

735 ILCS 5/2-104: Time of restraint deducted
When the party in whose favor the judgment was rendered is restrained from issuing execution or sale by an injunction, appeal, court order, or by the death of the defendant, that time is not be part of the time limitations of 735 ILCS 5/12-101 or 12-108.

5. Revival of Judgments

735 ILCS 5/2-1602: Revival of Judgments
A judgment may be revived in the seventh year after its entry or in the seventh year after its last revival, or at any other time thereafter within 20 years after its entry.

F. MECHANICS’ LIENS

1. Time to File

770 ILCS 60/28: Claim for lien—Suits—Limits as to time
If payment is not made within 10 days after notice is served of nonpayment to sub-contractors or a party furnishing labor or materials, a person may file a claim for lien within the same limits that apply to a contractor (See 770 ILCS 60/7, 60/9 thru 60/20).770 ILCS 60/28: Claim for lien—Suits—Limits as to time If payment is not made within 10 days after notice is served of nonpayment to sub-contractors or a party furnishing labor or materials, a person may file a claim for lien within the same limits that apply to a contractor (See 770 ILCS 60/7, 60/9 thru 60/20).

2. Notice by Sub-Contractors or Parties Performing a Service

770 ILCS 60/24: Notice by sub-contractor—Agents, architects, and superintendents to be notified
Within 90 days from the completion of the contract or extra work, a subcontractor or party furnishing labor or materials must give written notice of the claim and amount due to the owner, agent, architect, or superintendent having charge of the building or improvement. If the tract of land in question is registered under an Act Concerning Land Titles, this notice must be filed in the office of the registrar of titles. Notice must be by personal service or registered or certified mail. Return receipt must be requested and the receipt must be limited to the addressee only. 770 ILCS 60/5, a sub-contractor must give notice to the owner-occupant of an existing single family residence of the subcontractor’s participation within 60 days from the first date of furnishing materials. Failure to give notice allows payment by the owner to the contractor to extinguish the lien to the extent of payment.

3. Notification of Public Officials of Mechanic’s Lien

770 ILCS 60/23: Liens against public funds—Notice— Proceedings for accounting
When the possessor of a mechanic’s lien claim against a public entity has not notified the clerk or secretary of the public entity in question of a claim for lien, upon written demand of the contractor with service by certified mail and copy filed with clerk or secretary, that person must notify the clerk or secretary of the public entity in question or the lien is forfeited within 30 days. The person claiming the lien must commence proceedings by complaint within 90 days after giving notice. Failure to commence proceedings within 90 days terminates the lien.

4. Limitation on Enforcement Action

770 ILCS 60/9: Suit to enforce lien—Limitation
A suit to enforce a mechanic’s lien must be brought within 2 years from the completion of the contract or additional work or material furnished.

5. Limitation Against Third Parties

770 ILCS 60/7: Limitation as against third parties-Claim for lien
A contractor may not be allowed to enforce a mechanic’s lien to the prejudice of any other encumbrancer, creditor, or purchaser unless a claim for lien is recorded or action is brought to enforce the lien within 4 months of the completion of the work or additional work. A claim for lien may be filed any time after the contract is made and within 2 years of the completion of the contract or extra work.

G. RAILROADS (See also Secured Transactions)

1. Liens Upon Railroads—Notice

770 ILCS 55/3: Notice of claim of lien
Within 20 days from the completion of the work, the railroad must be given notice of the lien. If there was a contract between the person and the railroad, a copy of the contract, if available, must be delivered with the notice. If the president or secretary of the railroad corporation are not found in the county, the clerk of the circuit court may be served with this notice. (770 ILCS 55/4).

2. Liens Upon Railroads for Goods Furnished and Labor Performed—Time to File the Action

770 ILCS 55/1: Lien for fuel, ties, material, supplies, etc.
Within 6 months from the completion of the service, all who furnish material for the construction or operation, or who labor for the railroad, must file suit against the railroad to secure a lien upon the railroad’s real and personal property.

3. Duration of Lien on Railroad

770 ILCS 55/8: Limitation
The lien created continues for 3 months from the time for performance of a subcontract or the furnishing of work or material. However, when a suit is commenced by petitioner under 770 ILCS 55/7 for failure of the original contractor to complete the contract, all liens are barred upon the judgment in such an action.

H. OTHER

1. Special Assessment Lien Assignees

65 ILCS 5/9-2-70: Foreclosure of special assessment liens
Within 5 years from the date of sale and assignment of a special assessment lien by a municipality, the assignee must file a complaint to foreclose the lien.

2. Liens Upon Watercraft

735 ILCS 5/4-203: Limitation
Any lien upon watercraft in excess of 5 tons may be enforced up to 5 years, but no creditor may enforce the lien to the prejudice of another creditor, subsequent encumbrancer, or a bona fide purchaser unless suit is brought to enforce the lien within 9 months from the accrual of the indebtedness. (See also Secured Transactions).

3. Oil and Gas Liens

770 ILCS 70/12: Suit to enforce lien
An action to enforce the lien must be brought within 1 year from the time of the filing of an oil and gas lien with the recorder.

4. Business Broker Liens

815 ILCS 307/10-115(h): The person claiming a lien shall, within 2 years after filing the lien, commence proceedings by filing a complaint. Failure to commence proceedings within 2 years after filing the lien shall extinguish the lien. No subsequent notice of lien may be given for the same claim nor may that claim be asserted in any proceedings under the Illinois Business Brokers Act of 1995.

5. Commercial Real Estate Broker Lien Act

770 ILCS 15/10: A Broker claiming a lien, upon commercial real estate or any interest in that commercial real estate, in the amount that the broker is due must, within 2 years after recording the lien, commence proceedings by filing a complaint. Failure to commence proceedings within 2 years after recording the lien shall extinguish the lien.

6. Municipalities- Nuisance Removal- Liens

P. A. 096-462 amends the Municipal Code to allow up to one year for the recording of a lien for the cost of removal of certain nuisances (was formerly 60 days) and also provides that an action to foreclose on such lien must be filed within two years of recording. Eff. 8/14/09.

LOCAL PUBLIC ENTITIES AND EMPLOYEES

A. ACTIONS FOR INJURY AND CLAIMS AGAINST

1. Limitation on Actions

745 ILCS 10/8-101: Limitation of actions
Within 1 year from the date the cause of action accrued, a civil action must be filed against a local entity or its employees, except for causes of action arising out of patient care, which is set forth below.

2. Health Care Malpractice Against Units of Local Government

  1. 735 ILCS 5/13-212: Physician or hospital
  2. 745 ILCS 10/8-101: Limitation of actions

PA 93-0011, effective June 4, 2003, amends 745 ILCS 10/8- 101, by adding the following:

  1. No action for damages for injury or death against any local public entity or public employee, whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whichever of those dates occurs first, but in no event shall such an action be brought more than 4 years after the date on which occurred the act or omission or occurrence alleged in the action to have been the cause of the injury or death.
  2. For purposes of this Article, the term "civil action" includes any action, whether based upon the common law or statutes or Constitution of this State.
  3. The changes made by this amendatory Act of the 93rd General Assembly apply to an action or proceeding pending on or after this amendatory Act's effective date, unless those changes
    1. take away or impair a vested right that was acquired under existing law or
    2. with regard to a past transaction or past consideration, create a new obligation, impose a new duty, or attach a new disability. (Source: PA 84-1431.)

3. Chicago Transit Authority—Suits for Personal Injury—Notice and Limitation

70 ILCS 3605/41: Limitation of actions against authority- Notice of injuries
Within 1 year from the date the cause of action accrues, an action for personal injury against the Chicago Transit Authority must be filed.
Within 6 months from the date the cause of action accrues, notice to the Secretary of the Chicago Transit Board and the Office of the General Counsel for the Authority must be given. The notice to be delivered must contain a written statement signed by the injured party, attorney, or agent that includes the following:

  1. the name of the person to whom the cause of action has accrued;
  2. the name and residence of the person injured;
  3. the date and about the hour of the accident;
  4. the place or location of the accident; and
  5. the name and address of the attending physician, if any.

Any person who notifies the Authority that he or she was injured or has a cause of action shall be furnished a copy of §41 of this Act. Within 10 days after being notified in writing, the Authority shall either send a copy by certified mail to the person at his or her last known address or hand deliver a copy to the person who shall acknowledge receipt by his or her signature. When the Authority is notified later than 6 months from the date the injury occurred or the cause of action arose, the Authority is not obligated to furnish a copy of §41 to the person. In the event the Authority fails to furnish a copy of §41 as provided in this Section, any action commenced against the Authority shall not be dismissed for failure to file a written notice as provided in this Section. Compliance with this Section shall be liberally construed in favor of the person required to file a written statement.

4. Regional Transportation Authority-Limitation

70 ILCS 3615/5.03: Limitation on actions
Within 1 year from the date the cause of action accrues, a wrongful death or personal injury action against the Regional Transportation Authority must be brought. This section does not limit a transportation agency from bringing an action under a service agreement with the Authority.

5. Havana Regional Port District, Illinois Valley Port District, Kaskaskia Port District, White County Port District—Limitations and Notice

70 ILCS 1805/34, 1815/44, 1830/45, 1870/34: Personal injury actions—Limitations—Filing of statement
Within 1 year from the date of injury or accrual of the cause of action, an action for personal injury against one of these port districts must commence. Within 6 months from the date of injury or accrual of the cause of action, the injured person, agent, or attorney must file a written statement in the office of the secretary of the the injured party, agent, or attorney and contain the following:

  1. the name of the person to whom the cause of action has accrued;
  2. the name and residence of the person injured;
  3. the date and about the hour of the accident;
  4. the place or location of the accident; and
  5. the name and address of the attending physician, if any.

If such statement is not filed as provided, any such civil action commenced against the District shall be dismissed and the person to whom any cause of action accrued for any personal injury shall be forever barred from further suing.

6. Tort Liability of County Engineers or Superintendents of Highways

Notice

745 ILCS 15/3, 15/4: Notice of injury—Filing
Within 6 months from the accrual of the cause of action, notice must be filed in the Office of the County Superintendent of Highways and in the county State’s Attorneys Office. Failure to give this notice bars the suit.
The notice must be filed and signed by the injured party, attorney, or agent and contain:

  1. the name of the person to whom the cause of action has accrued;
  2. the place or location where the injury occurred;
  3. the nature of the injury; and
  4. the name and address of the attending physician, if any.

Limitation

745 ILCS 15/2: Injury to person or property—Limitation of actions
An action must be filed within 1 year from the accrual of the cause of action against any county engineer or superintendent of highways for injury to the person or property resulting from a failure to perform or negligently performing any official duty if the injury arises from the use of highways, culverts, bridges, or shoulders.

7. Action for Officers’ Failure to Return Replevin Bond

735 ILCS 5/19-115: Limitation
An action upon the bond, or against a sheriff or other officer for failure to take and return a replevin bond or for returning an insufficient bond, must be commenced within 3 years after the cause of action accrued.

8. Claims for Services Against Governmental Bodies—Bonds—Notice

30 ILCS 550/2: Recovery on bond—Notice of claim— Limitation
Every person furnishing material or performing labor with the State or a political subdivision, when the bond or letter of credit is executed as provided in this act, will have the right to sue on the bond or letter of credit for his or her own use and benefit. However, any person having a claim for labor and material has no such right unless a notice of this claim is filed with the department awarding the contract within 180 days after the date of the last item of work or of the furnishing of the last item of materials and a copy of the verified notice is furnished to the contractor within 10 days of the filing of the notice with the agency awarding the contract. No action may be brought until the expiration of 120 days after the date of the last item of work or of the furnishing of the last item of materials, except in cases when the final settlement between the officer, board, bureau, or department of the municipal corporation and the contractor have been made before the expiration of the 120-day period in which case action may be taken immediately following the final settlement; nor may any action of any kind be brought later than 6 months after the acceptance by the State or political subdivision of the building project or work. The action must be brought only in the circuit courts of this State in the judicial circuit in which the contract is to be performed.

9. Claims Against a Municipality Exercising Drainage Powers

70 ILCS 605/11-13: Limitation of action for benefits
Within 5 years from the completion of the work or the making or enlarging of the correction, a claim or counterclaim must be made against a municipality exercising drainage powers under the Illinois Drainage Code.

10. Actions Against Drainage Districts

While not specifically listed as public entities by statute, drainage districts are “other local government bodies” falling within the purview of the Tort Immunity Act.

B. ASSESSMENTS AND TAXES

1. Drainage Assessment—Redemption from Foreclosure Sale

70 ILCS 605/5-25: Foreclosure of assessments
Commissioners of drainage districts may assess lands in their districts for benefits derived. The assessment constitutes a lien upon the lands, lots, and railroad property assessed the same as general taxes from the date of a court order until paid. The right of redemption from any foreclosure sale under court decree exists in favor of owners and persons interested in the real estate for a period of 2 years from the date of the sale.

2. Limitation on Collection of Delinquent Taxes on Real Property

35 ILCS 200/20-180: Presumption taxes uncollectible if delinquent for 20 years
If general taxes, installments of special assessments, or special taxes that have been levied on real property are delinquent for a period of 20 years, these taxes are presumed to be uncollectible.

3. Limitation on Refund of Taxes Assessed to Incorrect Owner Because of Error by Assessor

35 ILCS 200/14-5: Refund because of error by assessor
If, because of an error by an assessor, a person pays taxes on property that is assessed in that person’s name incorrectly because that person is not the true owner, the amounts so paid must be refunded to that person. A claim for refund must be filed with the board of review or board of appeals within 5 years after the taxes were incorrectly paid.

4. Limitation on Refund of Taxes Assessed and Paid Pursuant to Statute Subsequently Declared Unconstitutional

Appellate court correctly applied five-year limitations period of Section 12-205 of Code of Civil Procedure to complaint by builders seeking refund of development impact fees paid to County pursuant to ordinance and enabling legislation held unconstitutional by this court. Limitations period runs from date tax paid or return filed; and not from date ordinance held unconstitutional.

C. CONTESTING THE LEGALITY AND ACTIONS OF A MUNICIPAL ORGANIZATION

1. Actions Challenging the Legality of Municipal Organizations

735 ILCS 5/18-104: Actions questioning organization of municipal corporations—Limitation
An action questioning (quo warranto or otherwise) the legality of the organization of any municipal corporation or political subdivision must be brought within 3 years from the start of its de facto existence.

2. Contesting a Municipal Annexation of Territory

65 ILCS 5/7-1-46: Action contesting annexation—Limitation
Within 1 year after the date the annexation becomes final, an action must be commenced to directly or indirectly contest an annexation of territory to a municipality. This limitation does not apply to annexations of territory not contiguous at the time of annexation and not contiguous at the time an action is brought to contest the annexation.

3. Special Use, Variances, Rezoning

65 ILCS 5/ 11-13-25 Any special use, variance, rezoning, or other amendment to a zoning ordinance adopted by the corporate authorities of any municipality, home rule or non-home rule, shall be subject to de novo judicial review as a legislative decision, regardless of whether the process of its adoption is considered administrative for other purposes. Any action seeking the judicial review of such a decision shall be commenced not later than 90 days after the date of the decision. PA 94-1027, eff. 7/14/06

4. Litigation on the Sufficiency of Local Improvement Plans

65 ILCS 5/9-3-34: Litigation respecting sufficiency of plans, specification, etc.—Limitation
Within 15 days after the adoption of the ordinance by the corporate authorities authorizing and directing the improvements, a suit directly touching the sufficiency of the plans must be brought. Within 15 days from the final acceptance of the work by the corporate authorities, a suit in which the final acceptance is collaterally attacked must be instituted.

5. Claims against unclaimed rebate fund

65 ILCS 5/9-1-8: Claims against unclaimed rebate fund – Limitations.
Claims for rebates from excess funds for local improvements after special assessments have been collected must be made within 4 years of the due date of the last installment of the special assessment.

D. OPEN MEETINGS ACT VIOLATION

5 ILCS 120/3: Noncompliance—Civil action
If the provisions of the Open Meetings Act are not complied with, or there is probable cause to believe that noncompliance may occur, any person, including the State’s Attorney in the county in which noncompliance occurs, may bring a civil action in the circuit court in which the alleged compliance has occurred, is about to occur, or in which the affected body has its principal office. The action must be filed before or within 60 DAYS after the meeting alleged to be in violation of the Act, or if facts concerning the meeting are not discovered during the 60-day period, within 60 days of the discovery of a violation by the State’s Attorney. 60-day discovery rule applies only to actions brought by the State’s Attorney.

MINORS (see Computation, Suspension and Special Exceptions to Time Limits)

MOTOR VEHICLES and DRIVER'S LICENSES

A. ACCIDENTS

1. Motor Vehicle Accidents Involving Death or Personal Injury—Time to Report

625 ILCS 5/11-401: Accidents involving death or personal injuries
Within one-half hour from the accident or release from the hospital if the individual was incapacitated, a driver involved in an accident resulting in death or personal injury who has failed to report the accident immediately must report the accident to a police or sheriff’s office near the place of the accident. P.A. 95-0347, effective 1/1/08, increased the penalty for a violation of §11-401(b) to a Class 1 Felony if death results; a Class 2 Felony if death does not result.

2. Motor Vehicle Accidents—Duty to Report

625 ILCS 5/11-406: Duty to report accident
A driver involved in an accident resulting in death, personal injury, or $500 property damage (including the driver’s own property) must forward a written report of the accident to the Secretary of State within 10 days. In case of an accident involving a school bus, the driver must forward a written report to the Department of Transportation within 10 days. P.A. 95-0754, effective 1/1/09, increases the property damage reporting threshold amount from $500 to $1,500, unless any vehicle involved in the accident is uninsured, then the threshold remains at $500.

B. SECURITY DEPOSITS

1. Agreements for Payment of Damages—Security Deposits

625 ILCS 5/7-208: Agreements for payment of damages
Persons involved in an accident subject to the provisions of the Illinois Safety Responsibility Law who default on an installment of a claim agreement are subject, upon notice, to suspension of their license and registration until they deposit security with the Secretary of State or until 2 years have elapsed from the date the Secretary received the license and registration, if during which time no action on the defaulted agreement was begun in an Illinois court.

2. Limitation on Applicability of Deposits to Judgments

625 ILCS 5/7-214: Disposition of security
Within 2 years after the later of the date of suspension of the driver’s license and registration following the accident or the date of any default in payment under an installment agreement for payment of damages, an action against the person for whom the deposit of security was made must be brought to have the deposit applicable to any judgment.

3. Disposition of Unclaimed Deposits

625 ILCS 5/7-503: Unclaimed security deposits
If a security deposit has been unclaimed for 3 years and the Secretary of State has received no notice of the pendency of an action affecting the deposit, it is subject to escheat to the state if still unclaimed 30 days after the certified mailing to the depositor of notice. If not done within the 30 days, a claim may be brought in the Court of Claims subject to that court’s 5-year limitation. If not done within that time, the money escheats to the state.

C. TAXES

Motor Vehicle Code Taxes and Fees—Audits and Penalties—Time to Petition for Hearing
625 ILCS 5/2-124: Audits, interest, and penalties The Secretary of State may audit all pertinent records of a driver licensed or registered under any of the provisions of the Illinois Vehicle Code to determine whether that person has paid fees or taxes due the State. Except in cases of fraud, willful evasion, or the inaccessibility of records for the audit, no notice of deficiency or assessment may issue for more than 3 years from prior registrations. Anyone subject to licensing, registration, or audit under this chapter must retain all pertinent licensing and registration documents and records for 4 years. A person has 30 days after the notice of deficiency or assessment to petition the Secretary of State for a hearing. If the person does not do so, payment must be made within 30 days of the date of the notice.

D. DRIVER’S LICENSES

1. Driver's Licenses --- Statutory Summary Suspension

  1. Petition to Rescind
    625 ILCS 5/2-118.1: Opportunity for hearing; statutory summary alcohol or other drug related suspension.
  2. Within 90 days after the notice of statutory summary suspension served under Section 11-501.1
    (625 ILCS 5/11-501.1)
    , the person may make a written request for a judicial hearing in the circuit court of venue.
  3. Driver’s License Suspension—Alcohol or Other Drug Related Offense.
    625 ILCS 5/6-208.1: Period of statutory summary alcohol or other drug related suspension
    Unless the statutory summary suspension has been rescinded, any person whose license has been summarily suspended for driving under the influence of alcohol or other drug is not eligible for restoration until:
    1. 6 months from the effective date of the suspension for a refusal or failure to complete a test to determine the alcohol or drug concentration,
    2. 3 months from the effective date of the suspension imposed following the person’s submission to a chemical test that disclosed an alcohol concentration of .08 or more,
    3. 3 years from the effective date of the refuses or fails to complete a test to determine the alcohol or drug concentration, or
    4. 1 year from the effective date of the suspension for any person other than a first offender following submission to a chemical test which disclosed an alcohol concentration of .08 or more, or any amount of drug concentration.
      1. First offender—the court may after at least 30 days from the effective date of the suspension, issue a judicial driving permit.
      2. 2. Not a first offender—the Secretary of State may not issue a restricted driving permit if a person refused or failed to complete a test to determine alcohol or drug concentration. The Secretary of State may issue a restricted driving permit after at least 90 DAYS from the date of the suspension in the case of a person following sub mission to a chemical test that disclosed an alcohol concentration of .08 or more. If the person refused or failed to submit to the chemical test, the Secretary of State may issue a restricted driving permit if at least 2 YEARS have elapsed from the date o f the suspension. (amended by PA 91-357, §231, eff. July 29, 1999; PA 92-248, §5, eff. Aug. 3, 2001).

P.A. 95-400, eff. 1/1/09, substantially changes the law on summary suspensions. It eliminates Judicial Driving permits (JDP). Creates Monitoring Device Driving Permit (MDDP) to be used in conjunction with alcohol monitoring devices. Establishes conditions for their use and penalties for violations. Allows JDP’s issued before 1/1/09 to remain effective under their original terms. Doubles the current length of summary suspensions: 12 months for a refusal; six months for failing the test.

P.A. 95-0855, eff. 1/1/09, sets conditions for the cancellation of an MDDP, establishes a monthly fee of $30 for the use of an MDDP, and provides for the provision of an MDDP to indigent persons.

2. Driver’s Licenses—Suspension and Revocation

625 ILCS 5/6-208: Period of suspension—Application after revocation
The Secretary of State may not suspend a driver’s license for more than 1 year unless otherwise provided pursuant to state law. Anyone whose license has been revoked (except for a person under 21 years who is convicted of driving under the influence of alcohol or other drug) may apply for reinstatement of the license if the revocation was for a cause that has been removed or after the expiration of 1 year. If the person is convicted of a failure to stop and render aid in a motor vehicle accident involving personal injury or death, then a person may not apply for reinstatement until after 3 years from the effective date of revocation. If the person is convicted of reckless homicide, then a person may not apply for reinstatement until after 2 years from the effective date of revocation, or after the expiration of 24 months from the date of release from a period of imprisonment as provided in Section 6-103 of this Code, whichever is later. If the person is convicted of committing a second violation within a 20-year period of driving under the influence of alcohol or other drug, failure to stop and render aid in a motor vehicle accident involving death or personal injury, or reckless homicide, or any combination of these offenses, then a person may not apply for reinstatement until after the expiration of 5 years from the effective date of the most recent revocation. If a person is convicted of committing a third or subsequent violation or any combination of the above offenses, then he or she must wait 10 years. If a person is convicted of committing 4 or more violations, he or she may not apply for a license.

3. Graduated Driver’s License

625 ILCS 5/6-107: Graduated License
The Graduated Driver’s License is a driver’s license issued to a person at least 16 years old and less than 21 years old subject to special conditions. If prior to obtaining the age of 18, the applicant has committed the offense of operating a motor vehicle without a valid license or permit in violation of §6-101 of the Motor Vehicle Code, or if the applicant has committed on offense that would otherwise result in the mandatory revocation of a license, or has been convicted of or adjudicated a delinquent based upon a violation of the Cannabis Control Act (720 ILCS 550/1 et seq) or the Illinois Controlled Substances Act (720 ILCS 570/100 et seq) while in actual physical control of a motor vehicle, no license will be issued until the applicant turns 18 years of age. In addition, no Graduated Driver’s License will be issued for 6 months to any applicant under the age of 18 years who has been convicted of any offense defined as a serious traffic violation in 625 ILCS 5/1-187.001. P.A. 95-310, eff. 1/1/08, states, “No graduated driver's license shall be issued for 9 (was 6) months to any applicant under the age of 18 years who has committed and subsequently been convicted of an offense against traffic regulations governing the movement of vehicles or any violation of 6-107 or Section 12-603.1 of the Vehicle Code. Contains other provisions extending the graduated license provisions beyond the driver’s eighteenth birthday if the driver commits certain traffic offenses within six months of his eighteenth birthday and is subsequently convicted of them.

E. REOPENING DEFAULT JUDGMENT BY NONRESIDENT DEFENDANT MOTOR VEHICLE OPERATORS

625 ILCS 5/10-301: Service of process on non-resident
A non-resident defendant has 1 year after receipt of a notice of a judgment to appear in open court and petition to be heard on the matter. This 1-year period applies to one who did not receive a copy by registered mail of the process served on the Secretary of the State of Illinois under the authority of this section, but who did receive written notice of the judgment. A defendant has 5 years from the date of the judgment if no notice of judgment entered was received by the defendant. If the defendant has complied with this section and petitioned to be heard, the defendant must pay court determined reasonable costs and answer the plaintiff’s allegations. The proceedings then proceed as if the defendant has timely appeared, and the judgment may be altered or confirmed as it appears warranted from that hearing. Any judgment not so set aside within 5 years after the judgment was entered is confirmed. Any person who uses this section to affect service of process inappropriately is liable for the attorney’s fees and costs of the defendant.

F. COMMERCIAL TRANSPORTATION – TARIFF AND SCHEDULE PROCEEDINGS – RELIEF

625 ILCS 5/18c-3204: Rate proceedings
By complaint or its own initiative, the Illinois Commerce Commission may hold proceedings to consider the reasonableness of a tariff, whether the tariff is discriminatory, or whether the tariff otherwise violates provisions of this Chapter. Pending a decision on the hearing, the Commission may suspend the operation of the schedule involved for no more than 7 months from the time the schedule or rate would otherwise have gone into effect for public carriers or household goods common carriers. For motor carriers of passengers, 120 days. For rail carriers, 5 months unless otherwise extended under the Interstate Commerce Act. If the rate goes into effect at the end of that period (the carriers may by agreement extend the suspension) and the Commission later in the same proceeding finds the rate or schedule to be in violation of this Chapter, the carrier may be directed to repay any overcharges or collect any undercharges and pay reparations.

NATIONAL GUARD

NATIONAL GUARD - TIME FOR BENEFICIARY TO CLAIM COMPENSATION

20 ILCS 1825/3: Compensation payable to beneficiary
Within 1 year from date of death, the designated beneficiary of a guardsman may claim compensation for the death of the guardsman killed while on duty.

NUISANCES

PUBLIC NUISANCES—DURATION OF INJUNCTION

740 ILCS 105/2: Injunction to abate
The State’s Attorney or any citizen of the county may file a complaint in the name of the people of the State to abate the nuisance and enjoin the use of a building or apartment for a period of 1 year.

PATERNITY ACTIONS

A. PATERNITY ACTIONS – LIMITATIONS

750 ILCS 45/8: Statute of limitation
An action brought by or on behalf of a child or an action brought by a party alleging that he or she is the child’s natural parent is barred if brought later than 2 years after the child reaches the age of majority. If the Department of Public Aid is providing or has provided financial support for the child or if it is assisting with child support collection services, an action by DPA is barred if brought later than 2 years after the child reaches the age of majority. Any other public agency that is providing or has provided financial support to the child or assisting with child support collections services is barred from filing action 2 years after the agency has ceased to provide assistance to the child. Failure to bring an action within 2 years does not bar any party from asserting a defense in any action to declare the non-existence of the parent and child relationship. An action to declare the non-existence of the parent and child relationship is barred if brought later than 2 years after the petitioner obtains knowledge of relevant facts. The 2-year period for bringing an action to declare the nonexistence of the parent and child relationship does not extend beyond the date on which the child reaches the age of 18 years. Failure to bring an action within 2 years does not bar any party from asserting a defense in any action to declare the existence of the parent and child relationship. The time during which any party is not subject to service of process or is otherwise not subject to the jurisdiction of the courts of the State tolls these periods. A man is conclusively presumed to be the father of a child who signs an acknowledgement of paternity, or acknowledgment of parentage and denial of paternity, unless the acknowledgment of parentage is rescinded under the process provided in Section 12 of the Vital Records Act, upon the earlier of: (1) 60 days after the date the acknowledgment of parentage is signed, or (2) the date of an administrative or judicial proceeding relating to the child (including a proceeding to establish a support order) in which the signatory is a party.

B. PREGNANCY EXPENSES

750 ILCS 45/14: Statute of limitation
In an action brought within 2 years after a child’s birth, the judgment or order may direct either parent to pay the reasonable expenses incurred by either parent related to the mother’s pregnancy and the delivery of the child.

PERSONAL ACTIONS

A. PERSONAL INJURIES, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, STATUTORY PENALTIES, ABDUCTION, SEDUCTION, CRIMINAL CONVERSATION

735 ILCS 5/13-202: Personal injury—Limitation
Except damages resulting from first degree murder or the commission of a Class X felony where the perpetrator is convicted of such crimes, actions for damages for personal injuries, false imprisonment, malicious prosecution, or for a statutory penalty, abduction, seduction, or criminal conversation must be commenced within 2 years from the accrual of the cause of action.

B. NO LIMITATION ON CERTAIN ACTIONS

735 ILCS 5/13-202.1: No limitation on certain actions
Notwithstanding any other provision of law, an action for damages may be brought at any time if the action is based upon conduct that constituted the commission of murder, a Class X felony, or a Class 1 felony as these terms are used at the time of filing of the action and the person was convicted of one of these crimes. This applies to any cause of action regardless of the date on which it was to have allegedly occurred. In addition, it applies retroactively and revives causes of actions that otherwise may have been barred.

C. LOSS OF CONSORTIUM – DERIVATIVE ACTIONS

735 ILCS 5/13-203: Loss of consortium—Injury to person
Except for damages resulting from first degree murder or the commission of a Class X felony, actions for loss of consortium or other actions deriving from injury to the person of another, including actions for medical expenses of minors or persons under legal disability, must be commenced within the same period of time as actions for damages for injury to the other person. When the time in which the cause of action of the injured person whose injuries create the cause of action under this section is tolled or otherwise extended, the time limitation under this section is likewise tolled or extended.

D. DAMAGES ARISING OUT OF CRIMINAL ACTS

735 ILCS 5/13-214.1: Actions for damages involving criminal acts
Actions for personal injury or loss of consortium for any other action deriving from the injury to another person because of first degree murder or the commission of a Class X felony may be commenced no later than 10 years after the person who has inflicted such injury has completed his or her sentence. See the discussion in section B, above.

E. LOSS OF MEANS OF SUPPORT OR PARENTAL RELATIONSHIPS

735 ILCS 5/13-203.1: Loss of means of support or parental relationships
Actions for damages for loss of means of support or loss of parental or in loco parentis relationships sustained by a minor resulting from an injury described in §13-214.1 may be commenced no later than 10 years after the person who inflicted the injury has completed his or her sentence.

F. ACTION RELATING TO REAL PROPERTY CONSTRUCTION (See Construction)

G. DOMESTIC ABUSE

Because cause of action for intentional infliction of emotional distress based on allegations of domestic abuse is continuing tort, 2-year limitations period does not commence until last act of abuse. Feltmeier v Feltmeier, 333 Ill App 3d 1167, 777 NE2d 1032, 268 Ill Dec 109 (5th D 2002), affd 207 Ill 2d 263, 798 NE2d 75, 278 Ill Dec 228 (2003).

H. GENDER VIOLENCE ACT

740 ILCS 82/20; Limitations: The Gender Violence Act takes effect on January 1, 2004. A complaint alleging:

  1. One or more acts of violence or physical aggression satisfying the elements of battery under the laws of Illinois that are committed, at least in part, on the basis of a person's sex, whether or not those acts have resulted in criminal charges, prosecution, or conviction, must be brought within 7 years of the accrual of the cause of action, or 7 years from the victim’s 18th birthday if the victim is a minor at the time the cause of action accrues.
  2. A physical intrusion or physical invasion of a sexual nature under coercive conditions satisfying the elements of battery under the laws of Illinois, whether or not the act or acts resulted in criminal charges, prosecution, or conviction, must be commenced within 7 years after the cause of action accrues, or, if the person was a minor at the time the cause of action accrued, then the action must be brought within 7 years of the date the person attains age 18.
  3. A threat of an act described in item (1) or (2) causing a realistic apprehension that the originator of the threat will commit the act must be commenced within 2 years of the accrual of the cause of action, or 2 years of the victim’s 18th birthday if the victim is a minor at the time that the cause of action accrues. (PA 93-416 Eff.1/1/2004)

PERSONAL PROPERTY, RECOVERY OF

A. ACTIONS TO RECOVER PERSONAL PROPERTY

735 ILCS 5/13-205: Oral contracts—Arbitration awards—Damage to property—Possessory actions-Civil actions
Except for breach of a contract for sale under the Uniform Commercial Code and a vendor’s action for payment under the Public Aid Code, actions on unwritten contracts, arbitration awards, damages for injury to property, possession of personal property or damages for its detention or conversion, and all civil actions not otherwise provided for must be commenced within 5 years after the cause of action has accrued.

B. UNCLAIMED PROPERTY - LIMITATION ON RECOVERY

765 ILCS 1030/5: Recovery of property by owner or person entitled to possession—Limitation
The owner or other person entitled to possession of such property may claim and recover possession of the property at any time before its sale at public auction.

C. WATERCRAFT

1. Loss—Abandonment

625 ILCS 45/3C-1 et seq: Lost and abandoned watercraft
When an abandoned, lost, stolen, or unclaimed watercraft comes into the temporary possession or custody of a person who is not the owner, this person must immediately notify the police for towing. Police must conduct searches to identify and notify the owner.

2. Disposal – with Notice

625 ILCS 45/3C-8: Disposal of unclaimed watercraft
In cities of more than 500,000 inhabitants, if watercraft remains unclaimed for a period of 15 days after notice is given, then the watercraft may be disposed of as provided in the Municipal Purchasing Act for Cities of 500,000 or More (65 ILCS 5/8-101 et seq). Except as provided above, when an unclaimed watercraft 7 years of age or newer remains unclaimed for a period of 30 days after notice, the law enforcement agency or towing service having possession must sell it at a public sale. Notice of the sale must be posted and sent by certified mail to the person(s) who is legally entitled to the possession of the watercraft at least 10 days before the sale.

3. Disposal – without Notice

625 ILCS 45/3C-9: Disposal of unclaimed watercraft without notice
When the identity of the owner of watercraft 7 years of age or newer cannot be determined, the watercraft may be sold without notice. When the watercraft is more than 7 years of age, it shall be kept in custody for 10 days for the purpose of determining the identity of the owner and after the 10-day period must be disposed of as junk. However, if the watercraft is salvageable, the Department of Natural Resources may authorize its sale.

POLICE OFFICERS

A. POLICEMEN’S ANNUITY AND BENEFIT FUND (CITIES OVER 500,000) - SPOUSES WHO ARE NOT ENTITLED - TIME TO SET ASIDE DIVORCE DECREE - REAPPLICATION FOR DENIED BENEFITS

40 ILCS 5/5-146: Spouses not entitled to annuities
The following spouses have no right to annuity from the Policemen’s Annuity and Benefit Fund (this list is not complete): A former spouse of a police officer who has had a divorce decree set aside by court proceedings subsequent to the officer’s death, unless the proceedings were filed within 5 years of the date of divorce and within 1 year of the officer’s death. The Retirement Board of the Policemen’s Annuity and Benefit Fund must have been made a party to the proceedings. Within 1 year from the date of denial of the annuity by the Board, a second application for annuity or petition for a rehearing must be filed.

B. POLICE OFFICERS, UNREASONABLE FORCE BY

65 ILCS 5/10-1-18: Removal or suspension
All charges based upon an allegation of the use of unreasonable force by a police officer must be brought within 5 years after the commission of the act. This applies only to events occurring on or after January 1, 1993.

C. ILLINOIS UNIFORM CONVICTION INFORMATION ACT

20 ILCS 2635/24: Statute of Limitations.
Any cause of action under the Illinois Uniform Conviction Information Act for dissemination of inaccurate or incomplete record of criminal convictions, must be brought within 3 years from the date of the violation or 3 years from the date the plaintiff should reasonably have known of its violation, whichever is later.

PRODUCTS LIABILITY

A. LIMITATIONS

735 ILCS 5/13-213(b): Period of limitation
No product liability action based on any theory or doctrine may be commenced except within the applicable limitation period and, in any event, within 12 years from the date of first sale, lease, or delivery of possession by a seller or 10 years from the date of first sale, lease, or delivery of possession to its initial user, consumer, or other non-seller, whichever period expires earlier, of any product unit that is claimed to have injured or damaged the plaintiff, unless the defendant expressly has warranted or promised the product for a longer period and the action is brought within that period.

B. PRODUCTS LIABILITY – ALTERATION

735 ILCS 5/13-213(c): Alteration, modification or change
No product liability action based on any theory or doctrine to recover for injury or damage claimed to have resulted from an alteration, modification, or change of the product unit after the date of first sale, lease, or delivery of possession of the product unit to its initial user, consumer, or other nonseller may be limited or barred by subsection (b) if the action is commenced within the applicable limitation period; and, in any event, within 10 years from the date the alteration, modification, or change was made, unless defendant expressly has warranted or promised the product for a longer period and the action is brought within that period.

C. PRODUCTS LIABILITY - INJURY, DEATH, DAMAGE

735 ILCS 5/13-213(d): Alternate limitation period Notwithstanding the provisions of subsections (b) and (c), if the injury complained of occurs within any of the periods provided by subsections (b) and (c), the plaintiff may bring suit within 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, of the existence of the personal injury, death, or property damage; but in no event may such an action be brought more than 8 years after the date on which the personal injury, death, or property damage occurred. In any such case, if the person entitled to bring the action was at the time the personal injury, death, or property damage occurred under the age of 18 years, under legal disability, or imprisoned on criminal charges and the claim is not against the Illinois Department of Corrections or any past or present employee, the limitation period does not begin to run until the person reaches the age of 18, the disability is removed, or the person ceases to be imprisoned.

D. PRODUCTS LIABILITY - REPLACEMENT BY SAME TYPE OF UNIT

735 ILCS 5/13-213(e): Replacement of a component part Replacement of a component part of a product unit with a substitute part having the same formula or design as the original part is not a sale, lease, or delivery of possession or an alteration, modification, or change for the purpose of permitting commencement of a product liability action based on any theory or doctrine to recover for injury or damage claimed to have resulted from the formula, design of the product unit, or of the substitute part when the action would otherwise be barred according to the provisions of subsection (b).

PROFESSIONS AND OCCUPATIONS

A. ACCOUNTING

Actions against Public Accountants or Public Accounting Firms

735 ILCS 5/13-214.2: Public accounting—Limitation
Actions based upon tort, contract, or otherwise against any public accountant or firm for an act or omission in the performance of professional services must be commenced within 2 years from the time the person bringing the action knew or should reasonably have known of such act or omission. In no event may an action be brought more than 5 years after the date on which the act or omission occurred. However, if an income tax assessment is made or a criminal prosecution brought, an action may be brought against the public accountant who prepared the tax return within 2 years from the date of assessment or conclusion of the prosecution. If the person entitled to bring the action is under the age of 18 or under a legal disability, the period of limitation does not begin to run until the disability is removed.

B. ATTORNEY’S FEES (DISSOLUTION OF MARRIAGE)

Before July 7, 2006

750 ILCS 5/508(e). Counsel may pursue an award and judgment against a former client for legal fees and costs in an independent proceeding in the following circumstances:

  1. While a case under this Act still pends, a former counsel may pursue such an award and judgment at any time subsequent to 90 days after the entry of an order granting counsel leave to withdraw; and
  2. After the close of the period during which a petition (or praecipe) may be filed under subdivision (c) (5), if no such petition (or praecipe) for the counsel remains pending, any counsel or former counsel may pursue such an award and judgment, provided the complaint in the independent proceeding is filed within one year after the close of the foregoing period.

Effective July 7, 2006, HB 2475 amended Section 508(e) to provide that, in an independent proceeding to collect attorney’s fees in a Dissolution of Marriage proceeding, the limitations period for breach of contract shall apply.

C. COLLECTION AGENCIES

225 ILCS 425/9.5: Actions against a collection agency.
An action under the Collection Agency Act must be commenced within 5 years after the occurrence of the alleged violation. A continuing violation will be deemed to have occurred on the date when the circumstances first existed that gave rise to the alleged continuing violation.

D. HOME INSPECTORS

225 ILCS 441/15-30: Statute of limitations.
No action may be taken under this Act against a person licensed under the Home Inspector Licensing Act unless the action is commenced within 5 years after the occurrence of the alleged violation. A continuing violation is deemed to have occurred on the date when the circumstances last existed that gave rise to the alleged continuing violation.

E. ACTIONS AGAINST REGISTERED LAND SURVEYORS

735 ILCS 5/13-222: Actions against registered land surveyors
No action may be brought against a registered land surveyor to recover damages for negligence, errors, or omissions in the making of any survey nor for contribution or indemnity more than 4 years after the person claiming such damages actually knows or should have known of the negligence, errors, or omissions. b) No action may be brought against a professional land surveyor to recover damages for negligence, errors, omissions, torts, breaches of contract, or otherwise in the making of any survey, nor contribution or indemnity, more than 4 years after the person claiming the damages actually knows or should have known of the negligence, errors, omissions, torts, breaches of contract, or other action. In no event may such an action be brought if 10 years have elapsed from the time of the act or omission. Any person who discovers the act or omission before expiration of the 10-year period, however, may in no event have less than 4 years to bring an action. Contract actions against a surety on a payment or performance bond must be commenced within the same time limitation applicable to the bond principal. If the person entitled to bring the action is under the age of 18 or under a legal disability, the period of limitation does not begin to run until the person reaches 18 years of age or the disability is removed. This subsection (b) applies to causes of action accruing on or after the effective date of this amendatory Act of the 92nd General Assembly. (1-1-02).

F. PSYCHOTHERAPISTS- SEXUAL EXPLOITATION

740 ILCS 140/6: Limitation period
An action for sexual exploitation by a psychotherapist may be commenced within 2 years after the cause of action arises.

G. REAL ESTATE APPRAISERS

225 ILCS 458/15-30: Statute of limitations.
No action may be taken under this Act against a person licensed under the Real Estate Appraiser Licensing Act unless the action is commenced within 5 years after the occurrence of the alleged violation. A continuing violation is be deemed to have occurred on the date when the circumstances last existed that gave rise to the alleged continuing violation. (The Real Estate Appraiser Licensing Act has been completely rewritten.This provision is effective July 1, 2002. It replaces the provision located at 225 ILCS 457/120, containing the identical language, which is repealed on July 1, 2002).

H. PHYSICIANS

1. Suspension or Revocation of License

225 ILCS 60/22: Disciplinary action—Grounds
Proceedings to suspend, revoke, place on probationary status, or take any other disciplinary action with regard to a medical license or certificate under the Medical Practice Act must be commenced within 5 years after receipt of a complaint alleging the commission of or notice of a conviction for the disciplinable act. Except for practicing under a false name, fraud or misrepresentation in applying for a medical license, or cheating on the licensing examination, no action may be commenced more than 10 years after the date of the alleged incident. When any claim or cause of action is settled in favor of the claimant or when any civil action has been reduced to final judgment in favor of the plaintiff that alleged that person was negligent in providing medical care, an additional 1 year is permitted to investigate and make a final determination if disciplinary action is to be taken.

2. Reports Relating to Professional Conduct

225 ILCS 60/23: Professional conduct and capacity—Reports
All reports required by the Medical Practice Act must be filed in writing with the Illinois State Medical Disciplinary Board within 60 days after a determination that a report is required under this Act. The Board must notify by certified mail the person who is the subject of any report required by the Medical Practice Act within 30 days of receipt of the report by certified mail. The person who is the subject of the report shall submit a written response to the report. This response must be received by the Board no more than 30 days after the date on which the person was notified by the Disciplinary Board of the original report.

3. Answer to Charges

225 ILCS 60/36: Violations investigations
Within 20 days from the date of service of notice, a person whose license or certificate may be suspended or revoked under the Medical Practice Act must file a written answer under oath to the charges or a default will be taken.

PUBLIC AID

A. PUBLIC AID LIENS – REDEMPTION

305 ILCS 5/3-10.9: Redemption
Whenever real estate is sold at judicial or judgment sale and the lien in favor of the Department of Public Aid is junior or inferior to the enforce lien, the right to redeem in any manner by virtue of the foreclosed lien terminates 12 months from the date of recording a certificate of the sale.

B. PUBLIC AID LIENS - NOTICE OF LIEN

305 ILCS 5/3-10.2: Recording or filing of notice of lien
When the State creates a lien on real property under the Public Aid Code for basic maintenance grants paid and for payments made to preserve the lien, the lien may be enforceable for 5 years from the date of recordation or filing of the notice of lien. The lien may be extended for additional 5-year periods upon filing or recording of a new notice of lien before the expiration of the current lien.

C. PUBLIC AID VENDOR’S ACTIONS FOR PAYMENTS

305 ILCS 5/11-13: Conditions for receipt of vendor payments—Limitation period for vendor action
Vendors seeking to enforce an obligation of a governmental unit or the Illinois Department of Public Aid for goods and services furnished to recipients and subject to a vendor payment must commence their actions within 1 year from the accrual of the cause of action.

REAL PROPERTY

A. ADVERSE POSSESSION

1. Ejectment of Adverse Possessor

735 ILCS 5/13-101: Twenty years—Recovery of land
An action to eject an adverse possessor and recover possession must be brought within 20 years after the right to bring the action first accrues.

2. Adverse Possession Computation

735 ILCS 5/13-105: Twenty-year period—Computation
If a right or title first accrued to an ancestor or predecessor of the person who brings the action to eject an adverse possessor or any person under whom he or she claims, the 20 years computes from the time when the right or title first accrued.

3. Adverse Possession Residence and Record Title—Time to Recover Land

735 ILCS 5/13-107: Seven years with possession and record title from public officer, etc.
An action to recover lands of which a person may be possessed by actual residence for seven successive years, with record title, must be brought within 7 years of taking possession. If the possessor acquires the title after taking possession, the limitation begins to run from the time of acquiring title.

4. Heirs of Seven-Year Possessor with Record Title

735 ILCS 5/13-108: Right extended to heirs, etc.
The heirs, legatees, and assigns of the person having title and possession have the same benefit of the above section as the person from whom possession is derived.

5. Seven Years Taxes, Possession and Color of Title

735 ILCS 5/13-109: Seven years’ payment of taxes, with color of title and possession
Every person in actual possession of land under goodfaith claim and color of title who continues in possession and pays all taxes legally assessed on the lands for 7 years consecutively must be adjudged to be the legal owner to the extent of the paper title.

6. Adverse Possession of Vacant Land

735 ILCS 5/13-110: Seven years’ payment of taxes, with color of title to vacant lands
A person having good-faith color of title to vacant and unoccupied land and who pays all legally assessed taxes for 7 years consecutively must be adjudged the legal owner of the vacant land to the extent of the paper title.

7. Adverse Possession—Exceptions to Color of Title

735 ILCS 5/13-111: Exception in favor of state, United States, etc.
735 ILCS 13-109 and 110 do not extend to lands owned by the United States, the State, schools and seminaries, held for the use of religious societies, or held for any public purpose. Nor do they extend to lands when there is an adverse title to such lands, and the holder of the title is a minor, person under legal disability, imprisoned, out of the limits of the U.S. and in the employment of the U.S. or of Illinois. However, a person must commence an action to recover the lands within 3 years from the removal of the disability.

B. RECOVERY OF LAND

1. Marketable Title Act – Forty-Year Limitation on Claims to Real Estate

735 ILCS 5/13-118: 40-year limitation on claims to real estate
No action based upon any claim arising more than 40 years before the commencement of the action may be maintained to recover any land or establish any interest in real estate against the holder of the record title if the holder and the holder’s grantors, immediate and remote, are shown by the record to have held chain of title to the real estate for at least 40 years before the action is commenced.

2. Marketable Title Act - Seventy-five Year Limitation

735 ILCS 5/13-114: 75-year limitation
No title to real estate may be made unmarketable by (1) the claim or offering of any deed, will, estate, proof of heirship, plot, affidavit, document, court decree, or any written or oral agreement; or (2) any fact, event, or statement affecting title to real estate in this state which happened, was executed, dated, or recorded more than 75 years before the date it is claimed, offered, or appears. However, this section also provides for a ten-year extension in certain cases of incapacity if a claim is asserted.

3. Recovery of Limited Estates

735 ILCS 5/13-103: Action for recovery of land because of termination of estate upon limitation
An action to recover land by reason of the termination of an estate upon limitation must be brought within 7 years after termination.

4. Breach of Condition Subsequent— Limitation on Recovery

735 ILCS 5/13-102: Action for recovery of land for breach of condition subsequent
An action to recover land because of a breach of a condition subsequent must be brought within 7 years after the time that the condition was broken.

5. Enforcement of Rights Under Mortgage or Lease

735 ILCS 5/13-104: Enforcement of right under mortgage or lease
Nothing regarding actions to recover possession of lands affects the time for enforcement of any right under a mortgage or lease.

6. Duration of Possibility of Reverter and Right of Entry

765 ILCS 330/4: Duration of possibility of reverter or rights of entry or re-entry for breach of condition
A possibility of reverter or right of entry for breach of condition subsequent is not valid after 40 years from the date of the creation of the condition or possibility of reverter.

7. Disability Computation for Recovery of Land

735 ILCS 5/13-112: Exception in favor of minors and persons under legal disability.
When the person in whose favor a right to recover lands accrues is a minor, person under legal disability, imprisoned, or absent from the U.S. in the service of the U.S. or of this State, such an action must be brought within 2 years after the disability is removed, notwithstanding the expiration of the limitation.

8. Heirs Replace Disabled on Death

735 ILCS 5/13-113: Exception extended to heirs, etc.
If the person first entitled to bring an action dies during the continuance of any of the disabilities mentioned in 735 ILCS 5/13-112, the action may be brought by heirs or any person claiming under this person within 2 years after death, notwithstanding the expiration of the limitation.

9. Forcible Entry and Detainer and Ejectment—Contracts for the Purchase of Land or Condominium Property

735 ILCS 5/9-104.1, 104.2: Demand—Notice—Condominium and contract purchasers
If there is a contract for the purchase of land or in case of condominium property, the demand must give the purchaser or owner of the unit at least 30 days to satisfy the terms of the demand before an action is filed. For the unit owner, this is for failing to comply with a monetary obligation as owner. In an action against the unit owner and lessee to evict a lessee for failure of the lessor-owner to comply with the leasing requirements of §18(n) of the Condominium Property Act or the association’s governing documents, the demand must give the lessee at least 10 days to quit and vacate the unit.

C. LANDLORD/TENANT

1. Notice Requirements to Terminate Tenancy

  1. 5-DAY NOTICE - When delinquent in rent, 5-day written notice to pay up or surrender possession is required. 735 ILCS 5/9-209.
  2. 10-DAY NOTICE - If tenant defaults in lease, then 10-day written notice to surrender possession is required. 735 ILCS 5/9-210.
  3. 7-DAY NOTICE - To terminate a tenancy from week to week, 7-day written notice is required. 735 ILCS 5/9-207.
  4. 30-DAY NOTICE - To terminate a month to month tenancy, written notice is required at least 30 days before 1st day of month term. 735 ILCS 5/9-207.
  5. 60-DAY NOTICE - To terminate a year-to-year tenancy, 60-day notice is required within the last 4 months of the term. 735 ILCS 5/9-205.
  6. 4-MONTHS NOTICE - 4-months’ notice is required to terminate a farm tenancy. 735 ILCS 5/9-206.

2. Judgment for Possession

  1. Unknown Occupants
    735 ILCS 5/9-107.5: Notice to Unknown Occupants
  2. Unknown Occupants
    735 ILCS 5/9-107.5: Notice to Unknown Occupants

    If unknown occupants are not named in the initial summons and complaint, the sheriff shall leave a copy of the order of possession with any unknown occupants over 13 years of age, or if none is available or willing to accept service, post a copy of the judgment of possession on the premises. The order must notify all unknown occupants that may file a petition in the court in which the order was entered asserting their legal claim to the premises within 7 days of the service or posting of the judgment order. (PA 92-0823 Effective August 21, 2002). b) Expiration of Judgments.
    Note: P.A. 096-0060 amended this statute to increase the time to enforce a judgment of possession to 120 days, and sets out the text of a required notice to be sent. Effective 7/23/09.
  3. 735 ILCS 5/9-117: Expiration of judgments
    No judgment for possession may be enforced more than 90 days after judgment has been entered, unless the court grants an extension on motion by the plaintiff.

3. Distress for Rent—Limitation on the Distraint of Tenant’s Personal Goods

735 ILCS 5/9-313: Limitation
A landlord has the right to distrain the personal goods of a tenant up to 6 months from the end of the demise period or the end of the tenancy.

4. Distress for Rent—Lien on Crops

735 ILCS 5/9-316: Lien upon crops growing or grown
Every landlord has a lien upon the crops grown upon the demised premises for rent. The lien continues for the period of 6 months after the expiration of the term for which the premises are demised.

5. Chicago Residential Landlord Tenant Ordinance

There is a two-year statute of limitations on actions against a landlord under the RLTO. The supreme court held that since the ordinance imposes a liability for a violation, it is a “statutory penalty” within 735 ILCS 5/13-202.

D. MORTGAGES

1. Mortgage Foreclosure

735 ILCS 5/13-115: Foreclosure of mortgage
An action to foreclose a mortgage or deed of trust in the nature of a mortgage must be brought within 10 years after the right of action or right to make such sale accrues.

2. Mortgages, Trust Deeds, Vendor’s Liens

735 ILCS 5/13-116: Lien of mortgage, trust deed or vendor’s lien—Cessation by limitation—Extension agreement
If the due date is stated on its face, the lien of every mortgage, trust deed in the nature of a mortgage, and vendor’s lien ceases by limitation 20 years after the last payment becomes due unless an extension agreement is executed. If there is no due date stated on its face, the lien ceases by limitation 30 years from the date of the instrument creating the lien unless an extension agreement is executed.

3. Reinstatement of Mortgage

735 ILCS 5/15-1602: Reinstatement
A mortgagor may reinstate a mortgage that has become due and is subject to foreclosure by curing all existing defaults and by paying all costs and expenses required in the event of the default within 90 days of the date on which the mortgagor has been served with summons, by publication, or has otherwise submitted to the jurisdiction of the court. If the court has made an express written finding that a mortgagor has once exercised its right to reinstate, the relief is not available again to the mortgagor under the same mortgage for 5 years.

E. REDEMPTION

1. Redemption after Judicial Sale

735 ILCS 5/12-122: Redemption by defendant
Except for a sale by virtue of a foreclosure of mortgage, any defendant or any person interested in the premises through the defendant may redeem the real estate sold by virtue of an execution, judgment, or enforcement of lien within 6 months from the sale. 735 ILCS 5/12-132: Redemption by creditor 735 ILCS 5/12-132: Redemption by creditor If redemption is not made under Code of Civil Procedure §12-122 by a defendant, any judgment creditor, heir, executor, administrator, or assign may redeem after the expiration of 3 months and within 6 months after the sale.

2. Successive Redemptions of Overbid Property

735 ILCS 5/12-135: Further redemptions
Successive redemptions may be made within 60 days of the last sale at which the property was sold for more than the amount of the redemption money, interest, and costs.

3. Subsequent Redemptions

735 ILCS 5/12-137: Subsequent redemptions
Any redemption made under pars. 12-132 thru 12-136 of the Code of Civil Procedure by any judgment creditor after the expiration of 3 months and within 6 months after the original sale is subject to subsequent redemption within 6 months after the date of the original sale by any defendant. If a defendant redeems in accordance with par. 12-122 or this paragraph, the right to further redemption by any judgment creditor is terminated.

4. Redemption after Mortgage Foreclosure

735 ILCS 5/15-1603: Redemption
In the foreclosure of a mortgage of residential real estate, the redemption period ends the later of (1) 7 months from the date the mortgagor has been served with summons, by publication, or otherwise submitted to the jurisdiction of the court; or (2) 3 months from the date of entry of a judgment of foreclosure. In all other foreclosures, the redemption period ends on the later of (1) 6 months from the date the mortgagor has been served with summons, by publication, or otherwise submitted to the jurisdiction of the court; or (2) 3 months from the date of entry of a judgment of foreclosure. In any event, the redemption period ends at the later of any reinstatement period or 60 days after the date the judgment of foreclosure is entered if the court finds that the value of the mortgaged real estate is less than 90% of the amount required to redeem and the mortgagee waives all rights to a personal deficiency judgment. However, if the court finds the mortgaged real estate has been abandoned, the redemption period ends 30 days after the judgment of foreclosure is entered. If the court stays the redemption period (but not the enforcement of a foreclosure judgment) or if the period is extended by any statute of the United States, the redemption period is extended until the expiration of the same number of days remaining in the redemption period; or, if later, until the expiration of 30 days after the stay order terminates. An owner of redemption who intends to redeem must give written notice of intent to the mortgagee’s attorney of record so that it is received at least 15 days before the date designated for redemption.

5. Special Redemption with Respect to Residential Property

735 ILCS 5/15-1604: Special right to redeem
With respect to residential real estate, if the purchaser at the sale was a mortgagee who was a party to the foreclosure or its nominee and the sale price was less than the required amount to redeem, an owner of a redemption has a special right to redeem for a period ending 30 days after the date the sale is confirmed by paying to the mortgagee the sale price, all additional costs, expenses, and interest.

F. REGISTERED TITLES

765 ILCS 35/103: Limitation
An action for compensation by reason of any loss sustained as provided in the Registered Titles Act must be brought within 10 years from the accrual of the cause of action. If at the time the right of action first accrues, the person entitled to bring the action is under the age of 18 years, under legal disability, imprisoned, or absent from the U.S. in the service of the U.S. or of this state, the person or anyone claiming under him or her may bring the action at any time within 2 years after the disability is removed, regardless of the expiration of the limitation.

G. DISCLOSURE

1. Residential Real Property Disclosure Act

765 ILCS 77/60: Statute of limitation
No action for violation of this Act may be commenced later than 1 year from the earlier of the date of possession, date of occupancy, or date of recording of an instrument of conveyance of the residential real property.

2. Environmental Defects—Disclosure

765 ILCS 90/4: Duty to disclose
For all transfers of property after January 1, 1990 subject to the Responsible Property Transfer Act, the transferor must deliver to the transferee and lender a disclosure document as provided in 765 ILCS 90/5 within 30 DAYS following the execution of a contract for the property but not later than 30 DAYS before the transfer of the property. If the document reveals environmental defects previously unknown to the parties or if the transferor fails to comply with this section, then any of the parties to the transfer may, within 10 DAYS after demand for or receipt of the disclosure document, void any obligation to accept or finance a transfer that has yet to be closed or finalized. The Responsible Property Transfer Act was repealed effective August 9, 2001. The repealing Act, PA 92-299, provides, “Any action that accrued under the Responsible Property Transfer Act of 1988 before the effective date of this Act may be maintained in accordance with the provisions of the Responsible Property Transfer Act of 1988 as it existed before its repeal.”

H. OTHER

1. Claims Related to Work or Service on Real Property

735 ILCS 5/8-1801: Presumptive proof of reasonable care after six years
Any work, service, or product on or incorporated into real property that does not cause injury or property damage within 6 years after the service was performed or the product manufactured, assembled, engineered, or designed must be presumed to have been done with reasonable care (written guarantees excluded.)

2. Human Rights Act (see Human Rights Violations)

3. Real Estate Timeshare Act

765 ILCS 101/15-85: Statute of limitations.
Any action or proceeding to enforce any provision of this Act, regulating the development and operation of timeshare plans, must be commenced within 5 years following the date of the claim upon which the action or proceeding is based accrues.

4. Land Sales Registration Act

765 ILCS 86/15-80: Statute of limitations.
Any action or proceeding to enforce any provision of this Act, governing the business of selling out of state (vacation) property, must be commenced within 3 years following the date on which the claim upon which the action or proceeding is based accrues.

SALES AND LEASES

A. CONSUMER FRAUD ACT

815 ILCS 505/10a: Action for damages
Any action for damages under the Consumer Fraud Act must be brought within 3 years from the time the cause of action accrued. In any private action based in whole or in part on grounds complained of in an action by the Attorney General or State’s Attorney, the 3-year period is suspended during the pendency of that action and for 1 year thereafter.

B. CONTRACT SALES – UCC

810 ILCS 5/2-725: Statute of limitations in contracts for sale
An action for breach of any contract for sale must be commenced within 4 years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than 1 year, but they may not extend it. When an action commenced within the time limited is so terminated to allow a remedy by another action for the same breach, this other action may be commenced after the expiration of the time limited and within 6 months after the termination of the first action unless the termination was caused by a voluntary discontinuance or from dismissal for failure or neglect to prosecute.

C. LEASES – UCC

810 ILCS 5/2A-506(1): An action for default under a lease contract, including breach of warranty or indemnity, must be comenced within 4 years after the cause of action accrued. By the original lease contract the parties may reduce the period of limitation to not less than one year.

D. NEW VEHICLE BUYER PROTECTION ACT

815 ILCS 380/6: Limitations
Any action under the New Vehicle Buyer Protection Act must be brought within 18 months following the date of the original deliver of the motor vehicle to the consumer.

E. AGRICULTURE

1. Actions Under the Farm Implement Buyer Protection Act

815 ILCS 340/7: Commencement of action.
Any action brought under this Act must be commenced within 6 months following: (1) the expiration of the express written warranty term, or (2) one year following the date of the original delivery of the farm implement, whichever is later.

2. Stallions and Jacks – Redemption by Owner

770 ILCS 100/11: Redemption
Redemption from sales of animals made under the Act concerning “Service of Stallions and Jacks” may be made within 30 days of sale.

3. Agricultural Products Production Code

505 ILCS 17/55
A claim that a production contract violates the Agricultural Products Production Code must be brought within 4 years of the date on which the party alleging the violation knew or should have known of the existence of the violation. (PA 93-500 Effective 1/1/05).

F. FINE ART PRINTS

815 ILCS 345/8: Liability to purchaser of print—Limitation
An action must be brought within 1 year after the discovery of a violation of the act requiring full disclosure regarding the sale of fine prints, and in no case more than 3 years after the print was sold.

SCHOOLS

A. SCHOOLS’ TORT LIABILITY - NOTICE (See Local Public Entities)

745 ILCS 25/3: Notice of injury—Time and manner of filing
Within 6 months from the date of injury or accrual of the cause of action against any school or district for injury to person or property, a claimant must file notice in the office of the clerk or secretary of the school board and the office of the school board attorney (if any). The written statement must be served and signed by the person injured, the person’s agent or attorney and contain:

  1. the name of the person to whom the cause of action has accrued;
  2. the name and residence of the person injured;
  3. the date and about the hour of the accident;
  4. the place or location where the accident occurred; and
  5. the name and address of the attending physician, if any.

For nonprofit private schools, the statement must be filed in the office of the superintendent or principal of the school.

B. SCHOOLS’ TORT LIABILITY - FAILURE OF NOTICE

745 ILCS 25/4: Notice of injury—Effect of failure to file
If notice is not given as required in 745 ILCS 25/3, any civil action against any school district or nonprofit private school is barred.

C. SCHOOLS’ TORT LIABILITY – LIMITATION

745 ILCS 25/2: Limitation of actions
Within 1 year from the date of injury or accrual of the cause of action, an action must be commenced against any school district or nonprofit private school for any injury to person or property.

D. CONTEST OF SCHOOL BOUNDARY CHANGE

105 ILCS 5/7-29: Limitation on contesting boundary change
An action directly or indirectly contesting the annexation of any territory to a school district or the creation of any new school district must be commenced within (1) 2 years after the order annexing the territory or creating the new school district becomes final, (2) 2 years after the date of the election creating the new school district, if no proceedings to contest the election are instituted, or (3) 2 years after the final disposition of any proceedings that are instituted to contest the election.

SECURITIES

A. SALE OF SECURITIES VIOLATION

815 ILCS 5/13: Civil remedies—Notice—Limitation
Every sale of a security made in violation of the provisions of the Securities Law of 1953 may be voidable at the election of the purchaser. Notice of any election to void such a sale must be given by the purchaser within 6 months after the purchaser has knowledge that the sale of the securities is voidable to each person from whom recovery is sought. No purchaser has any right or remedy under this section who fails within 15 days from receipt to accept an offer to repurchase for a price equal to the full amount paid and interest.

No action may be brought for relief under this section after 3 years from the date of sale. However, if the party bringing the action neither knew nor in the exercise of reasonable diligence should have known of any alleged violation of subsection E, F, G, H, I, or J of section 12 of this Act that is the basis for the action, this 3-year period begins to run upon the earlier of (1) the date upon which the party bringing the action has actual knowledge of the alleged violation of this Act, or (2) the date upon which the party bringing that action has notice of facts that in the exercise of reasonable diligence would lead to actual knowledge of the alleged violation of this Act. However, in no event may the period of limitation so extended be more than 2 years beyond the expiration of the 3-year period otherwise applicable. Any complaint for a violation must be served on Secretary of State within 1 business day of filing.

B. SECURITIES - NOTICE OF DEFECTS

810 ILCS 5/8-203: Staleness as notice of defect or defenses
Other than a call that has been revoked that creates a right to immediate performance of the principal obligation represented by a certificated security or setting a date on or after which the security is to be presented or surrendered for redemption or exchange, a purchaser is charged with notice of any defect in its issue or defense of the issuer, if the act or event:

  1. requires that payment of money, the delivery of a certificated security, the registration of transfer of an uncertified security, or any of them on presentation or surrender of the security certificate, the money or security is available on the date set for payment or exchange, and the purchaser takes the security more than 1 year after that date; or
  2. is not covered by paragraph (1) and the purchaser takes the security more than 2 years after the date set for surrender or presentation or the date on which performance became due.

SEXUAL ABUSE

735 ILCS 5/13-202.2: Limitation
For actions pending or commenced on or after July 24, 2003: An action for damages for personal injury based on childhood sexual abuse must be commenced within 10 years of the date the person abused attains the age of 18 years; or, if at the time the person abused attains the age of 18 years he or she is under other legal disability, within 5 years of the date of the removal of the disability or within 5 years of the date the victim discovers, or through the use of reasonable diligence, should discover both: (i) that the act of childhood sexual abuse occurred and (ii) that the injury was caused by the childhood sexual abuse. The fact that the person abused discovers or through the use of reasonable diligence should discover that the act of childhood sexual abuse occurred is not, by itself, sufficient to start the discovery period. Knowledge of the abuse does not constitute discovery of the injury or the causal relationship between any later-discovered injury and the abuse. If the injury is caused by 2 or more acts of childhood sexual abuse that are part of a continuing series of acts of childhood sexual abuse by the same abuser, then the discovery period shall be computed from the date the victim discovers or through the use of reasonable diligence should discover (1) that the last act of childhood sexual abuse in the continuing series occurred, and (2) that the injury was caused by any act of childhood sexual abuse in the continuing series. The fact that the person abused discovers or through the use of reasonable diligence should discover that the last act of childhood sexual abuse in the continuing series occurred is not, by itself, sufficient to start the discovery period. Knowledge of the abuse does not constitute discovery of the injury or the causal relationship between any later-discovered injury and the abuse. These limitation periods do not run during a time period when the person abused is subject to threats, intimidation, manipulation, or fraud perpetrated by the abuser or by any person acting in the interest of the abuser. In no event may an action be brought more than 12 YEARS after the date on which the victim attains the age of 18 years. (This 12-year statute of repose was eliminated for actions commenced on or after January 1, 1994.) Source PA 93-356. Eff.: 7/24/2003.

SLANDER AND LIBEL

735 ILCS 5/13-201: Defamation—Privacy—Limitation
Actions for slander, libel, or for publication of matter violating the right of privacy must be commenced within 1 year after the cause of action accrued. Cause of action generally accrues on date of publication of allegedly defamatory matter.

TAXATION

A. INCOME TAX

1. Income Tax Refunds

  1. Claim for Refunds
    35 ILCS 5/911: Limitations on claims for refunds

    A claimant must file for a refund within 3 years from the date the return is filed (if filed before the last day, the return is deemed filed on the last day) or 1 year from the date the tax was paid, whichever is later. In any case in which notification of an alteration is required by §506(b), a claim for refund must be filed within 2 years after the time the notice was due, regardless of whether the notice was given. No claim for refund based upon a taxpayer’s taking a credit for estimated tax payments or for any amount of credit for tax withheld may be filed more than 3 years after the due date of the return that was required to be filed for the taxable year for which the payments were made or tax was withheld. If the claim for refund relates to an overpayment attributable to a net loss carryback under 35 ILCS 5/207, the limitation period is 3 years after the time prescribed by law or filing the return for the taxable year in which the net loss occurs. The Department of Revenue and the claimant may consent in writing to the extension of any applicable limitation period before its expiration.
  2. Income Tax—Protest of a Denial of a Claim for Refund
    35 ILCS 5/910: Procedure on denial of claim for refund

    1. A protest must be filed with the Department of Revenue within 60 days from the denial of a claim for refund.
    2. After the reconsideration, the Department must issue notice of its decision by certified or registered mail.
    3. A request for a rehearing must be filed within 30 days from the notice of the decision in (2).
    4. The Department’s action becomes final either 30 days after the issuance of a notice of decision as provided in (2) on the denial of a request for rehearing or upon the issuance of a notice of final decision.

2. Income Tax —Deficiency

  1. Limitations on Notices of Deficiency
    35 ILCS 5/905: Limitations on notices of deficiency

    Within 3 years from the date the return is filed (if filed before the last day to file, the return is deemed filed on that last day), the Department of Revenue must give notice of deficiency. In the case of a decedent, notice must be given 18 months after the administrator or executor has filed a request for prompt determination of liability and no more than 3 years after the return was filed. This provision also applies to a corporation that is dissolving or has dissolved.
    Exceptions:
    1. If more than 25% of the base income stated in the return is omitted, the deficiency notice may issue up to 6 years from the date of return.
    2. If no return or a false and fraudulent one is filed with the intent to evade the tax, a notice of deficiency may be issued at any time.
    3. If a taxpayer fails to report a change that is treated as a federal income tax deficiency, a notice of deficiency may issue at any time.
    4. If the taxpayer does report a federal change, a notice of deficiency may issue no more than 2 years after the date of notification.
    5. If agreed by the Department of Revenue and the taxpayer before expiration of time, it may be extended as agreed.
    6. If there has been an erroneous refund of tax, a notice of deficiency may be issued up to 2 years from the date of the refund, unless it appears that a refund was induced by fraud or misrepresentation of a material fact; then 5 years.
    7. Concerning amounts withheld or required to be withheld as tax, a notice of deficiency may not be issued later than 3 years after the 15th day of the fourth month following the close of the calendar year in which the withholding was required.
    8. A notice of deficiency for penalties for failure to make information reports may not be issued more than 3 years after the due date of the reports for which the penalties are asserted.
    9. A notice of deficiency for penalties for a taxpayer’s failure to file withholding returns may not be issued more than 3 years after the 15th day of the fourth month following the close of the calendar year in which the withholding was required.
    10. In the case of the liability of an initial transferee, a notice of deficiency may be issued up to 2 years after the expiration of the period of limitation for assessment against the transferor. However, if a court proceeding for review of the assessment against the transferor has begun, then up to 2 years after the return of the certified copy of the judgment in the court proceeding.
    11. In the case of the liability of a subsequent transferee, a notice of deficiency may be issued up to 2 years after the expiration of the period of limitation for assessment against the preceding transferee, but no more than 3 years after the expiration of the period of limitation for assessment against the initial transferor. However, if before the expiration of the period of limitation for the assessment of the liability of the transferee, a court proceeding for the collection of the tax or liability has been begun against the initial transferor or the last preceding transferee, then the period of limitation for assessment of the liability of the transferee expires 2 years after the return of the certified copy of the judgment in the court proceeding.
    12. If there is an erroneous refund because of reduction in the amount of the net loss that was originally carried back (see §207), effective January 1, 1993, a notice of deficiency may be issued at any time during the same period in which a notice of deficiency can be issued on the loss year creating the carryback amount and subsequent erroneous refund.
  2. Income Tax—Protest of Notices of Deficiency
    35 ILCS 5/908: Procedure on protest

    1. Within 60 days from the issuance of the notice of deficiency (150 days if the taxpayer is out of the U.S.), the taxpayer must file a written protest setting forth the grounds for the protest upon which the Department of Revenue must reconsider and, if requested, grant a hearing.
    2. After reconsideration, the Department must issue notice of its decision by certified or registered mail.
    3. A request for a rehearing must be filed within 30 days from the mailing of the notice of decision.
    4. The Department’s action becomes final 30 days after the issuance of the notice of decision or upon the denial of a request for rehearing or the issuance of a notice of final decision.

3. Income Tax—Non-Payment, Demand and Levy

35 ILCS 5/1109: Demand and seizure
If the tax imposed by the Income Tax Act is not paid within the time required, the Department of Revenue may make demand on the taxpayer for payment. If the tax remains unpaid for 10 days after demand and no proceedings have been taken for review, the Department of Revenue may issue a warrant to any sheriff or other person authorized to serve process to levy on and sell the property of the taxpayer found within the sheriff’s jurisdiction for payment. Warrant must be returned not less than 20 days nor more than 90 days. No proceeding for a levy under this section may be commenced more than 20 years after the latest date for filing notice of lien without regard to whether the notice was actually filed.

4. Income Tax Liens

  1. Duration without Notice
    35 ILCS 5/1101: Lien for tax

    Unless a notice of lien is filed, a tax lien created by assessment terminates after 3 years from the date all proceedings in court for the review of the assessment have terminated or the time for instituting such an action has expired. When the lien arises from a filing without payment, the lien terminates 3 years from the date of the return unless a notice of lien is filed within that time.
  2. Income Tax Liens—Duration
    35 ILCS 5/1104: Duration of lien

    The income tax lien continues for 20 years from the date notice of the lien is filed under 35 ILCS 5/1103.
  3. Income Tax Liens—Foreclosure Limitation
    35 ILCS 5/1108: Foreclosure on real property

    If no hearing or proceeding for review is pending and the time for the taking them has expired, the Department of Revenue may foreclose any lien on real property for any tax or penalty imposed by the Income Tax Act to the same extent and in the same manner as in the enforcement of other liens. Proceedings to foreclose may not be instituted more than 5 years after filing notice of lien.
  4. Income Tax Liens—Redemption after Execution
    35 ILCS 5/1110: Redemption by state

    The provisions of the Retailers Occupation Tax Act (35 ILCS 120/5g) for redemption by the State of real estate sold at judicial or execution sale also applies to the Income Tax Act.

B. INHERITANCE AND TRANSFER TAXES

1. Inheritance and Transfer Taxes—Due Dates and Refunds

35 ILCS 405/6: Due Dates
The Illinois transfer tax shall be paid and the Illinois transfer tax return shall be filed on the due date or dates for paying the related federal transfer tax and filing the federal return.

2. Refunds of Excess Tax

35 ILCS 405/14: Refunding excess of tax paid
When it appears that the amount of tax paid to the State Treasurer is more than the amount due, the executor who has paid the tax in error may apply to the State Treasurer for a refund. An application must be filed no later than 1 year after the last date allowable under the Internal Revenue Code for filing a claim for refund of the federal estate tax.

3. Inheritance and Transfer Tax Liens—Duration

35 ILCS 405/10: Liens—Duration—Liability of executor—Release of lien
The Illinois transfer tax shall be a lien on all of the decedent’s property having a taxable situs in this State for 10 years from the transfer, unless it is sooner paid in full. The Attorney General shall have the right to sue for collection of the Illinois transfer tax for 3 years after the date of the actual filing of the related Illinois transfer tax return with the Attorney General, or, if later, the last date upon which application for refund of the Illinois transfer tax could be filed with the State Treasurer.

C. RETAILER’S OCCUPATION TAX

1. Retailer’s Occupation Tax—Notice of Tax Liability

35 ILCS 120/4: Examination and correction of return—Notice of correction
Except in case of a fraudulent return or an amended return, no notice of tax liability may be issued on and after each January 1 and July 1 covering gross receipts received during any month or period of time more than 3 years before January 1 and July 1. If a protest to the notice and request for hearing is not filed within 60 days, the notice of tax liability becomes final. If, before the expiration of the time prescribed in this section for the issuance of a notice of tax liability, both the Department of Revenue and the taxpayer have consented in writing to its issuance after that time, the notice may be issued at any time before the expiration of the agreed period. This period may be extended by later agreements in writing made before the expiration of the period.

2. Retailer’s Occupation Tax Liens—Notice

35 ILCS 120/5a: Tax lien—Attachment—Termination—Notice—Protest
The lien created by the issuance of a final assessment terminates unless a notice of lien is filed within 3 years from the date all court proceedings for the review of the final assessment have terminated. Persons must file a protest and request a hearing.

3. Retailer’s Occupation Tax Liens— Foreclosure—Limitation

35 ILCS 120/5e, 120/5f: Taxes on realty—Enforcement by foreclosure in equity—Tax liens and levies on personalty
The Department of Revenue must institute proceedings to foreclose any lien and levy upon property or rights to property for any tax or penalty imposed by the Retailer’s Occupation Tax Act within 20 years after the latest date for filing of notice of lien, without regard to whether the notice was actually filed.

4. Retailer’s Occupation Tax Lien—Redemption

35 ILCS 120/5g: Sale of property on which judgment fortax is inferior—Redemption
Whenever real estate has been sold at judicial sale or a sale for the enforcement of a judgment, and is then subject to a tax lien or notice of tax lien in favor of the Department of Revenue that is junior or inferior to the lien enforced or foreclosed through that sale, the right to redeem terminates 12 months from the date a certificate of the sale is recorded.

D. PROPERTY TAXES

1. Collection

35 ILCS 200/20-190: Collection of delinquent real estate taxes and special assessments
Actions for the collection of any delinquent general tax or the enforcement or foreclosure of the tax lien shall be commenced within 20 years after the tax became delinquent, and not thereafter. After 20 years the tax lien shall be discharged and released. Actions for the collection of any delinquent installments of special assessments or special taxes, or the enforcement or foreclosure of the special assessment lien shall be commenced within 30 years after the installments became delinquent. After 30 years the lien for the installments shall be discharged and released.

2. Redemption from Tax Sale

IL Const. Art. 9, §8: Tax sales
With two exemptions, owners and interested persons have a right of redemption within 2 years following the sale of real estate for nonpayment of taxes or special assessments. The first exception is for owners and interested persons of any of the following real estate: (1) vacant non-farm real estate, (2) improved with a structure or structures each of which contains seven or more residential units, or (3) commercial or industrial property. The right of redemption exists for not less than 1 year following sale. The second exception is for the same kinds of property upon which all or a part of the general taxes for each of two or more years are delinquent. The right of redemption exists for not less than 6 months following sale. Owners, occupants, and interested parties must be given reasonable notice of the sale and the date of expirationof the redemption period as provided by law.

3. Property Tax Relief Act

320 ILCS 25/9: Fraudulent claims—Recovery of payment—Interest
Any person who files a fraudulent claim for a grant, for compensation prepares a claim and knowingly enters false information on a claim form for any claimant, fraudulently files multiple claim forms, fraudulently states that a nondisabled person is disabled, or who fraudulently procures a pharmaceutical assistance identification card, or who fraudulently uses such a card to procure covered prescription drugs, or who, on behalf of an authorized pharmacy, files a fraudulent claim for payment, may be prosecuted for these actions at any time within 3 years of the commission of the violation.

4. Assessment of Omitted Property

35 ILCS 200/9-270: Omitted Property: Limitation on Assessment
Omitted property; limitations on assessment. A charge for tax and interest for previous years, as provided in Sections 9-265 or 14-40, shall not be made against any property for years prior to the date of ownership of the person owning the property at the time the liability for the omitted tax was first ascertained. Ownership as used in this section shall be held to refer to bona fide legal and equitable titles or interests acquired for value and without notice of the tax, as may appear by deed, deed of trust, mortgage, certificate of purchase or sale, or other form of contract. No charge for tax of previous years, as provided in Section 9-265, shall be made against any property if (a) the property was last assessed as unimproved, (b) the owner of the property gave notice of subsequent improvements and requested a reassessment as required by Section 9-180, and (c) reassessment of the property was not made within the 16-month period immediately following the receipt of that notice.

5. Overpayments

35 ILCS 200/20-175 A claim for refund of erroneously assessed or overpaid real estate taxes shall not be allowed unless a petition is filed with the circuit court within 5 years from the date the right to a refund arose. Five-year statute of limitations commenced on the date that property owners made duplicate real estate tax installment payments.

E. LOCAL GOVERNMENT TAXPAYERS BILL OF RIGHTS ACT

50 ILCS 45/30: Statute of Limitations.
Although each unit of local government is responsible for setting its own statutes of limitations for assessing and collecting local taxes, those limitations periods may not exceed the following:

  1. No notice of determination of taxes due more than 4 years after the end of the calendar year for which the return for the period was filed or was due, whichever is later.
  2. If no return was filed, or if during any four-year period less than seventy-five percent of the taxes due for that period was paid, the statute of limitations shall be no more than six years after the end of the calendar year in which the return for the period was due or the end of the calendar in which the return for the period was filed, whichever occurs later. If the unit of local government fails to enact a limitations statute, the maximum statutory provision in this Section applies.
  3. This section places no limit on a unit of local government when a fraudulent return is filed.

F. OTHER

1. Other Taxes—Recovery

735 ILCS 5/13-224: Recovery in tax actions—Limitation
In any action against the State to recover taxes imposed under §2 of the Messages Tax Act, §2 of the Gas Revenue Tax Act, §2 of the Public Utilities Revenue Act, or §2-202 of the Public Utilities Act; in any action against a municipality to recover taxes imposed under §8-11-2 of the Illinois Municipal Code; or in any action against a taxpayer to recover charges imposed under §9-201 or §9-202 of the Public Utilities Act that were illegally or unconstitutionally collected, the prevailing party is not entitled to recover an amount exceeding the taxes or charges paid and interest when applicable, during a period of 3 years before the date of filing an administrative claim as authorized by statute, ordinance, or court complaint, whichever occurs earlier.

2. Dram Shop Taxes Paid in Error—Refunds

235 ILCS 5/8-3: Taxes paid in error—Credit memorandum
If tax, penalty, or interest has been paid that was not due, the Department of Revenue must issue a credit memorandum or refund. Exceptions: when a proceeding is pending to determine whether the tax is due and when there are insufficient appropriations to pay refunds to all deserving, in which case the Department must provide for payment in hardship cases. A refund must be claimed within 3 years from January 1 or July 1, respectively.

3. Motor Fuel Tax—Refund for Taxes Paid on Fuel Not Used on Public Highways or Lost

35 ILCS 505/13: Refund when motor fuel is lost or used for purposes other than operating vehicle upon public highways Anyone (other than a distributor or supplier) who loses or uses motor fuel (upon which the claimant has paid the requisite tax under the Motor Fuel Tax Law) for any purpose other than operating a vehicle on public highways or waters of this state must be repaid this amount. Claims for repayment must be made to the Department of Revenue (verified by the affidavit of the claimant) within the following time limits: for taxes paid on or before December 31, 1999, the claim must be filed within 1 year of the date the tax was paid by claimant. However, if a claim meeting these requirements is filed more than 1 year but less than 2 years, the claimant is reimbursed at 80% of the amount that would have been received if the claim had been filed within 1 year. For taxes paid after January 1, 2000, the claim must be filed within two years of the date on which the taxes were paid. A distributor or supplier who has paid the tax on fuel lost or used for a purpose other than operating a vehicle upon the public highways or waters may file a claim for refund or credit to recover the payment. The claims must be verified by the claimant and filed with the Department within 1 year of the date on which the tax was paid by claimant.

4. Use Tax, Service Occupation Tax, Aircraft Use Tax, Gas Use Tax—Refunds

35 ILCS 105/21; 115/19; 157; 173: Limitations
For any claim for credit or refund filed with the Department of Revenue on or after each January 1 and July 1, no amount of tax, penalty, or interest paid more than 3 years before January 1 and July 1, respectively, may be credited or refunded. If both the Department and taxpayer have agreed to an extension of time to issue a notice of tax liability as provided in §4 of the ROTA, this claim may be filed at any time before the expiration of the period agreed upon. No claim may be allowed for any amount paid to the Department if paid in liquidation of an assessment that had become final before the claim for credit or refund to recover the amount so paid is filed with the Department, or if in liquidation of a decree of court.

5. Corporation Fees, Franchise Taxes and Charges

805 ILCS 5/15.90: Statute of limitations.
a) Except as otherwise provided in this Section and notwithstanding anything to the contrary contained in any other Section of this Act, no domestic corporation or foreign corporation shall be obligated to pay any annual franchise tax, fee, or penalty or interest thereon imposed under this Act, nor shall any administrative or judicial sanction (including dissolution) be imposed or enforced nor access to the courts of this State be denied based upon nonpayment thereof more than 7 years after the date of filing the annual report with respect to the period during which the obligation for the tax, fee, penalty or interest arose, unless (1) within that 7-year period the Secretary of State sends a written notice to the corporation to the effect that (A) administrative or judicial action to dissolve the corporation or revoke its certificate of authority for nonpayment of a tax, fee, penalty or interest has been commenced; or (B) the corporation has submitted a report but has failed to pay a tax, fee, penalty or interest required to be paid therewith; or (C) a report with respect to an event or action giving rise to an obligation to pay a tax, fee, penalty or interest is required but has not been filed, or has been filed and is in error or incomplete; or (2) the annual report by the corporation was filed with fraudulent intent to evade taxes payable under this Act. A corporation nonetheless shall be required to pay all taxes that would have been payable during the most recent 7-year period due to a previously unreported increase in paid-in capital that occurred prior to that 7-year period and interest and penalties thereon for that period. b) If within 2 years following a change in control of a corporation the corporation voluntarily pays in good faith all known obligations of the corporation imposed by this Article 15 with respect to reports that were required to have been filed since the beginning of the 7-year period ending on the effective date of the change in control, no action shall be taken to enforce or collect obligations of that corporation imposed by this Article 15 with respect to reports that were required to have been filed prior to that 7-year period regardless of whether the limitation period set forth in subsection (a) is otherwise applicable. For purposes of this subsection (b), a change in control means a transaction, or a series of transactions consummated within a period of 180 consecutive days, as a result of which a person which owned less than 10% of the shares having the power to elect directors of the corporation acquires shares such that the person becomes the holder of 80% or more of the shares having such power. For purposes of this subsection (b) a person means any natural person, corporation, partnership, trust or other entity together with all other persons controlled by, controlling or under common control with such person. c) Except as otherwise provided in this Section and notwithstanding anything to the contrary contained in any other Section of this Act, no foreign corporation that has not previously obtained a certificate of authority under this Act shall, upon voluntary application for a certificate of authority filed with the Secretary of State prior to January 1, 2001, be obligated to pay any tax, fee, penalty, or interest imposed under this Act, nor shall any administrative or judicial sanction be imposed or enforced based upon nonpayment thereof with respect to a period during which the obligation arose that is prior to January 1, 1993 unless(1) prior to receipt of the application for a certificate of authority the Secretary of State had sent written notice to the corporation regarding its failure to obtain a certificate of authority, (2) the corporation had submitted an application for a certificate of authority previously but had failed to pay any tax, fee, penalty or interest to be paid therewith, or (3) the application for a certificate of authority was submitted by the corporation with fraudulent intent to evade taxes payable under this Act. A corporation nonetheless shall be required to pay all taxes and fees due under this Act that would have been payable since January 1, 1993, as a result of commencing the transaction of its business in this State and interest thereon for that period.

TRADE SECRETS

A. MISAPPROPRIATION OF A TRADE SECRET

765 ILCS 1065/7: Limitation
An action for misappropriation of a trade secret must be brought within 5 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. A continuing misappropriation constitutes a single claim.

B. TRADEMARK REGISTRATION

765 ILCS 1036/30: Registration and Renewal Registration issued in Illinois on or after Jan. 1, 1998, will be valid for 5 years. Under Illinois’ former statute, trademark registrations were valid for a renewable term of 10 years. Registrations issued in Illinois before Jan. 1, 1998, will remain valid for their original 10-year term, but if and when they are renewed, it will be for a five-year period. The new Trademark Registration and Protection Act reduced the period during which a renewal may be filed from six months to 60 days before the renewal date.

UNEMPLOYMENT COMPENSATION

A. REFUNDS TO CONTRIBUTORS

820 ILCS 405/2201: Refund or adjustment of contributions
Within 3 years from the date of contribution or other payments, an employing unit must file a claim for erroneous unemployment contributions with the Director of the Department of Labor.

B. LIENS ON EMPLOYERS

820 ILCS 405/2400: Lien upon assets of employer—Commencement—Limitation
A lien is created in favor of the Director of the Department of Labor upon all real and personal property owned or thereafter acquired by any employer from whom contributions, interest, or penalties are or may hereafter become due. If a report setting forth the amount of contributions has been filed with the Director, no action to foreclose the lien may be brought after 3 years from the date of filing the report. In all other cases no action to foreclose the lien may be brought after 3 years from the date that the determination and assessment of the Director became final.

C. COLLECTION OF CONTRIBUTIONS

820 ILCS 405/2207: Limitation
No determination and assessment of contributions, interest, or penalties may be made, and no action for the collection of contributions, interest, or penalties that is not based on a final determination and assessment may be brought against any employing unit more than 4 years after the last day of the month immediately following the calendar quarter that the wages upon which the contributions accrued were paid. This paragraph does not apply to any employing unit which, for the purpose of evading the payment of contributions, interest, or penalties, has willfully failed to pay any contributions, interest, or penalties; has failed to file any report required by the Unemployment Compensation Act; has knowingly made a false statement; or has knowingly failed to disclose a material fact. (Exception: when interest accrues to 60% of contributions.)

UTILITIES

220 ILCS 50/12: Limitations
Actions for damages and penalties for demolition or excavation work in violation of the Underground Facilities Prevention Act must be brought within 2 years of the violation of the Act.

WHISTLEBLOWER REWARD AND PROTECTION ACT

740 ILCS 175/5: False Claims Procedure.
A civil action pursuant to the Whistleblower Reward and Protection Act for false claims made for State funds must be brought:

  1. Within 6 years of the date on which the violation occurred, or
  2. Within 3 years of the date on which the official of the State charged with the responsibility to act under the circumstances first knows, or should reasonably be expected to know, facts material to the right of action, but in no event more than ten years after the date on which the violation is committed, whichever occurs last.

WRONGFUL DEATH

740 ILCS 180/2: Action—Plaintiffs in action—Limitation
An action for wrongful death must be brought by and in the name of the personal representative of the deceased person within 2 years of the death of the person. An action against a defendant arising from a crime committed by the defendant in whose name an escrow account was established under the Crime Victims’ Escrow Account Act must be commenced within 2 years after the establishment of the account.