State file — Illinois

Illinois debt collection: the deadlines and limits that decide your case

Every number below names the law it comes from (its statute citation), checked October 18, 2026. Where a number comes from a secondary source instead of the official text, this page says so — double-check it before you rely on it.

How long they have to sue you — credit-card debt10 years (written contract) / 5 years (open account) · 735 ILCS 5/13-206; 735 ILCS 5/13-205
Expect 5 years for most card cases after Feltman, with collectors arguing for 10.
Contested: Written contracts get 10 years under §13-206, but in Portfolio Acquisitions, LLC v. Feltman, 391 Ill. App. 3d 642 (2009), the court held the card paperwork did not add up to a single written contract, so the 5-year period in §13-205 applied. Collectors still argue for 10 years when a signed agreement exists.
If the clock has run outSigning a written statement that the debt is yours — or a signed promise to pay — can restart it. Paying alone cannot.
735 ILCS 5/13-206
Only a payment or new promise made in writing restarts the clock: the statute allows an action within 10 years after a payment or promise in writing, made within or after the original period. A bare part payment with nothing in writing does not do it.
Deadline to answer a lawsuit30 days after service to file an answer or appearance; small-claims cases instead use the appearance (return) date printed on the summons · Ill. S. Ct. R. 101(b), 181(a) From a secondary source — double-check before you rely on it
Taking your paycheck (wage garnishment)More protective than the federal cap. A wage deduction is capped at the lesser of 15% of gross pay for the week, or the amount by which disposable earnings exceed 45 times the greater of the federal or Illinois minimum wage — much more protective than the federal 25% rule.
735 ILCS 5/12-803
Taking your bank account (a levy)On a consumer debt judgment, $1,000 in a checking or savings account is protected automatically — the bank must leave it alone until the court return date — as part of a $4,000 wildcard the debtor can apply to any personal property, including bank money. Benefit income such as Social Security is fully exempt.
735 ILCS 5/12-1001(b); 735 ILCS 5/12-1001.1
Federal benefits deposited directly get an automatic two-month shield everywhere (31 CFR Part 212).
Original creditor calling?No equivalent statute found. The federal FDCPA binds third-party collectors and debt buyers in Illinois, and federal law still bans deceptive practices by the bank itself.
How long a judgment lasts15 years — None for consumer debt judgments entered on or after Jan. 1, 2026 — they are enforceable for 15 years and may not be revived (P.A. 104-120). Consumer judgments entered in 2020–2025 could be revived once if a petition was filed within 10 years; older judgments follow the old 7-year enforcement-and-revival cycle. · 735 ILCS 5/2-1602(a-10); 735 ILCS 5/12-108

Run my dates through the free checker

Card agreements often pick another state's law (Delaware for Chase, Bank of America, Discover, Barclays; South Dakota for Citi and Wells Fargo). A court may use the shorter of the two deadlines, under a rule called a borrowing statute — the free checker works out both clocks for you.

Included in the $39 DebtDecoded Kit

  • The letter builder — answer a few questions and it writes your letters: the one that makes them prove the debt is yours, and the one that orders them to stop calling. Wording follows the federal rulebook (Regulation F). Ready to print and mail
  • The old-debt trap worksheet — checks your dates against your state's restart rule before you pay or sign anything, so one small payment can't quietly restart the clock on an old debt (the trap lawyers call 'revival')
  • The call log — counts their calls against the legal line: more than 7 calls in 7 days about one debt counts as harassment (12 CFR 1006.14(b)(2))
  • The 'what they can't take' pack — what a court judgment can and cannot take in your state, including the rule that shields two months of federal benefits sitting in your bank account (31 CFR Part 212)
  • The offer-math worksheet — what a 'deal' really costs once fees and the tax on the written-off part are counted (that tax shows up on Form 1099-C)
  • The complaint walkthrough and the honest directory — who to call instead when a free or better route fits you

One payment. Every stage of the road, and the deadline tables for all 50 states — every number with its law cited. No account, no subscription — and the free checker above stays free whether you buy or not.

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Quick answers

What is the statute of limitations on credit card debt in Illinois?

10 years (written contract) / 5 years (open account) under 735 ILCS 5/13-206; 735 ILCS 5/13-205. The clock usually starts at the first missed payment that was never made up. Debt collectors may still call after it runs out, but Regulation F (12 CFR 1006.26(b)) bars them from suing — or threatening to sue — over a debt that is too old (time-barred).

Can paying a little restart the clock in Illinois?

Signing a written statement that the debt is yours — or a signed promise to pay — can restart it. Paying alone cannot. (735 ILCS 5/13-206).

How long do I have to answer a debt-collection lawsuit in Illinois?

30 days after service to file an answer or appearance; small-claims cases instead use the appearance (return) date printed on the summons (Ill. S. Ct. R. 101(b), 181(a)). Most of these cases are lost by default — by never answering at all.

Can a debt collector garnish my wages in Illinois?

A wage deduction is capped at the lesser of 15% of gross pay for the week, or the amount by which disposable earnings exceed 45 times the greater of the federal or Illinois minimum wage — much more protective than the federal 25% rule. (735 ILCS 5/12-803).

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