United States · Illinois statutory procedure
What starts Illinois’s ten-year limitation for written obligations?
Section 13-206 generally allows ten years after accrual for its specified written obligations and Wage Payment and Collection Act actions. It also addresses a qualifying written payment or new promise and special promissory-note triggers. The current text includes mortgage-secured indebtedness.
- Period
- Ten calendar years from the applicable established statutory event
- Trigger
- Established accrual or a qualifying Section 13-206 written payment or new promise
- Rule
- 735 ILCS 5/13-206
Section 13-206 source note P.A. 104-842, effective August 21, 2026. The current official text adds indebtedness of any kind secured by a mortgage. Establish historical applicability separately.
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Which written-obligation event starts the ten years?
Classify the obligation under Section 13-206 and check its express UCC Section 2-725 exception.
Establish ordinary accrual or the qualifying written payment or new promise that starts the statutory interval.
For a covered promissory note, separately establish its date, due date, acceleration or demand facts.
735 ILCS 5/13-206How is the applicable ten-year interval counted?
- Classify the obligation under Section 13-206 and check its express UCC Section 2-725 exception.
- Count ten calendar years from the independently established statutory start and apply Section 1.11’s final-day treatment. Do not infer a restart from an unqualified payment or replace a demand-note nonpayment analysis with this date count.
- Check the final weekend, statutory holiday and the proper court’s actual calendar.
- Commence the properly classified action within the applicable statutory period. Preserve the written instrument, accrual or restart evidence, note dates, demand or acceleration record and actual filing evidence.
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.
5 ILCS 70/1.11What does an independently derived example show?
Fictitious example
Use an independently established ordinary accrual or qualifying written-payment or new-promise start. The calculator does not determine acceleration, demand, qualification of a promise or continuous nonpayment. Fictitious established event. No extension, tolling, competing deadline or special order is assumed.
| Step | What is counted | Date |
|---|---|---|
| Established statutory event | Established accrual or a qualifying Section 13-206 written payment or new promise | August 2, 2017 |
| Applicable statutory period | Ten calendar years from the applicable established statutory event | August 2, 2027 |
Fictitious facts. The event and statutory classification are independently established. The calculator does not determine accrual, legal disability, fraudulent concealment, effective agency service or an actual court extension.
Try these dates in the calculatorWhich qualifications change this statutory calculation?
- The UCC exception remains express
- Section 13-206 excepts UCC Section 2-725. The ten-year preset does not classify a sale-of-goods contract or override that exception.
- The current text includes mortgage-secured indebtedness
- The official Section 13-206 text effective August 21, 2026 includes indebtedness of any kind secured by a mortgage. A current wording change does not establish every historical obligation’s applicable law.
- A written payment or new promise has its own interval
- The statute addresses a qualifying payment or new promise to pay made in writing within or after the ten-year period on the listed written obligations. Ten years then runs from that payment or promise. Qualification must be established before using its date.
- Definite-date notes have stated accrual alternatives
- For promissory notes dated on or after the 1997 amendment’s effective date, the section specifies due date, stated date or acceleration for a note payable at a definite date. Obtain the actual instrument and acceleration record.
- Demand notes require separate demand and nonpayment facts
- For covered demand notes, the section gives ten years after demand. It also bars enforcement where no principal or interest was paid for ten continuous years and no demand occurred. This one-date preset does not establish those negative facts.
- Later disability has a bounded stay
- Section 13-211(b) caps the stated Section 13-206 disability stay at ten years from disability adjudication. It is distinct from subsection (a)’s disability-at-accrual rule.
- 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.
What must be completed and preserved?
Questions about 735 ILCS 5/13-206
What starts Illinois’s ten-year limitation for written obligations?
Does the current ten-year statute mention mortgage-secured debt?
Yes. The official text effective August 21, 2026 includes indebtedness of any kind secured by a mortgage. Check the applicable historical law for an earlier claim.
735 ILCS 5/13-206Does every payment automatically restart the ten years?
Establish that the statutory written-payment or new-promise conditions apply. The calculator does not decide those conditions from the date alone.
735 ILCS 5/13-206Can the calculator decide whether a demand note is barred by continuous nonpayment?
No. The statute requires separate principal, interest and demand facts over a continuous ten-year period. Preserve those records before relying on the ordinary interval.
735 ILCS 5/13-206Official statutory sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| 735 ILCS 5/13-206 | The specific statutory actor, triggering event, period and qualifications |
| 735 ILCS 5/13-211(a), (b) | Disability-at-accrual and later-disability limits |
| 735 ILCS 5/13-215 | The separate concealment provision |
| 5 ILCS 70/1.11 | Triggering-day exclusion and the final eligible day |
| 205 ILCS 630/17(a), (d) | Illinois statutory holidays and consecutive excluded days |
| Illinois Supreme Court Rule 9(f) | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 11 | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 12 | Applicable court filing, service and proof requirements, separate from agency service |