When is Illinois contribution or indemnity due after payment without an underlying suit?

Establish that the underlying claimant had filed no action for the relevant injury, death or property damage.

Identify the actual payment that discharged liability and preserve the settlement and payment evidence.

Check the claimant’s ability to sue the contribution defendant when payment occurred and the medical-negligence exclusion.

1. Establish that the underlying claimant had filed no action for the relevant injury, death or property damage.
2. Count two calendar years after the qualifying liability-discharging payment. Subsection (b)’s service and knowledge comparison applies where the underlying claimant has filed an action.
3. Check the final weekend, statutory holiday and the proper court’s actual calendar.
4. Commence the contribution or indemnity action and preserve payment, discharge, party identity and underlying-timeliness evidence. The period alone does not establish a right to reimbursement.

Section 1.11 excludes a final Saturday, Sunday or statutory holiday and consecutive excluded days. Section 17(a) of the Promissory Note and Bank Holiday Act includes Pulaski Day, Good Friday and the general election for members of the House of Representatives. Check proclamations, the proper court’s actual calendar and clerk access separately. The bundled Illinois calendar covers 2026 and 2027.

Fictitious example

Use subsection (a) only when no underlying claimant action has been filed and the payment discharges liability. Do not substitute an installment or a payment in a filed underlying action. Fictitious statutory event, independently established under the precise scope stated in this guide. Use subsection (a) only when no underlying claimant action has been filed and the payment discharges liability. Do not substitute an installment or a payment in a filed underlying action.

Fictitious payment discharging liability. No underlying claimant action was filed. Underlying timeliness and the medical exclusion are assumed independently, not decided by the calculator.

No filed underlying claimant action is essential

Subsection (a) applies when the claimant has filed no underlying action. When an action has been filed, subsection (b) instead compares service and actual or reasonable knowledge.

The payment must discharge liability

Subsection (a) specifies payment in discharge of liability. The calculator does not determine whether a particular transfer or settlement achieved that discharge.

Preemption depends on timely underlying liability

Subsection (c) preempts other limitation and repose periods only under its stated underlying-timeliness condition. For the no-action branch, payment must precede expiration of the claimant’s limitation period against the contribution defendant.

Medical or healing-art negligence is excluded

Subsection (e) excludes contribution or indemnity sought from a party whose alleged negligence caused injury or death from medical, hospital or other healing-art malpractice.

Historical application protects vested rights

Subsection (d) addresses application of the 1994 amendment while preserving stated vested rights and protections. A current text does not establish every historical claim’s applicable edition.

• This calculation does not determine whether relief is available or whether the facts satisfy the statute.
• A current statutory edition does not establish the law for every historical claim. Preserve the applicable edition and actual orders.

• Establish that the underlying claimant had filed no action for the relevant injury, death or property damage.
• Identify the actual payment that discharged liability and preserve the settlement and payment evidence.
• Check the claimant’s ability to sue the contribution defendant when payment occurred and the medical-negligence exclusion.
• Subsection (a) applies when the claimant has filed no underlying action. When an action has been filed, subsection (b) instead compares service and actual or reasonable knowledge.
• Subsection (a) specifies payment in discharge of liability. The calculator does not determine whether a particular transfer or settlement achieved that discharge.
• Subsection (c) preempts other limitation and repose periods only under its stated underlying-timeliness condition. For the no-action branch, payment must precede expiration of the claimant’s limitation period against the contribution defendant.
• Subsection (e) excludes contribution or indemnity sought from a party whose alleged negligence caused injury or death from medical, hospital or other healing-art malpractice.
• Subsection (d) addresses application of the 1994 amendment while preserving stated vested rights and protections. A current text does not establish every historical claim’s applicable edition.
• Commence the contribution or indemnity action and preserve payment, discharge, party identity and underlying-timeliness evidence. The period alone does not establish a right to reimbursement. File with the proper clerk in the required format. Rule 9 ordinarily requires civil electronic filing, subject to its exceptions and exemptions. Rule 9(f) ordinarily requires submission before midnight in the court time zone unless a statute, rule or actual order specifies a different time. A submission on a closed clerk day ordinarily receives the next open-day stamp. Preserve the actual electronic file mark, receipt and any filing-relief order. Filing and service are distinct acts.