Illinois Statute of Limitations for Small Claims Cases

The Deadlines That Matter

Illinois statutes set filing periods for different claim types. These are the general periods; accrual, tolling, and other statutory rules can affect a specific case. Here are the limits that apply to disputes commonly brought in small claims court:

Written contracts (including leases): 10 years — 735 ILCS 5/13-206. This covers signed agreements, promissory notes, and written invoices with agreed terms.

Oral contracts: 5 years — 735 ILCS 5/13-205. Handshake deals, verbal agreements for services, and any arrangement without a signed document.

Property damage and conversion: 5 years — 735 ILCS 5/13-205. Covers damage to your car, home, or personal property.

Personal injury: 2 years — 735 ILCS 5/13-202. Physical harm claims; a small-claims case must still seek no more than $10,000.

UCC sales of goods: 4 years — 810 ILCS 5/2-725. Defective product purchases and failed deliveries where both parties are in a sale-of-goods transaction.

How the Clock Works

The limitation period starts on the day the breach or harm occurred, not the day you discovered it (for most claims). Illinois calculates the deadline under the Statute on Statutes (5 ILCS 70/1.11):

• The day of the event is excluded — counting starts the next day
• The last day of the period is included
• If the deadline falls on a Saturday, Sunday, or state holiday, it extends to the next business day

One crucial point: sending a demand letter does not pause or reset the statute of limitations. Neither does negotiating, complaining, or threatening to sue. The clock runs continuously from the date of the breach or damage until you actually file your complaint.

Common Scenarios

Your contractor took a $4,500 deposit three years ago and never started the work. If you had a written contract, you're well within the 10-year window. If it was a verbal agreement, you still have two years left on the 5-year oral contract period.

Your former landlord kept your security deposit 18 months ago. Written lease means 10 years. Even an oral month-to-month tenancy gives you 5 years. File confidently.

Your neighbor's tree fell on your fence six years ago. The general 5-year period for property damage is under 735 ILCS 5/13-205, so this claim appears outside that period. Accrual and tolling rules can affect the deadline in a particular case.

When the Deadline Is Close

If you're within months of your statute of limitations expiring, file first and negotiate later. If you reach a settlement, file the required stipulation or dismissal order; the procedure can depend on your case status.

Under Rule 9(f), a filing submitted on a day the clerk's office is closed is file-stamped the next day the office is open, unless rejected. If a rejection would make a corrected filing late, the rule allows a motion within 5 court days to request the original submission date, subject to its requirements. Don't assume the submission timestamp alone resolves a close deadline.

The Illinois Small Claims Filing Guide includes a deadline calendar that helps you calculate your exact filing deadline based on the type of claim and when the event occurred.

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