Debt collectors have time limits on suing you for a debt

A statute of limitations is the deadline to file a lawsuit to collect a debt. In Illinois, debt collectors usually have:

• 5 years to sue for credit card debt, most medical debts, and other debts where you don't have a written contract.
• 10 years to sue for written contracts, like loans.
• 4 years to sue for contracts for the sale of goods, like a car or furniture. 

This time period usually starts about 30 days after your last payment on the bill or loan.

New payments will restart the clock

Be careful making payments on old debt. If you make a new payment on an old debt, the clock starts over. This gives the debt collector more time to sue you. For example, a credit card company would have another 5 years to sue you.  

Debt collectors may try to get you to make a small payment to restart the clock. You do not have to do this. Instead, think about these options:

• Ask for debt validation to make sure the debt is correct,
• Dispute the debt if you believe it is wrong, or
• Send a written request to limit or stop contact from the collector.

Old debts can still be reported to credit bureaus

Debt collectors can report old debt to the credit bureaus for 7 years. This time period usually starts 30 days after you last payment on the bill or loan.

📌 Tip: After 7 years, you can request the credit bureaus remove the old debt from your credit report. This can help you improve your credit score. 

Your creditor can still ask you to pay

The debt collector can still ask you to pay on debts past the time limits, but they cannot legally sue you for the debt. 

If the debt collector calls or sends you letters on the debt, they must tell you that the debt is too old to be sued on, and if it is too old to be reported to credit bureaus.

If a debt collector tries to collect an expired debt and doesn't tell you that it's past the statute of limitations, you may be able to sue them under the Fair Debt Collection Practices Act, and you should talk to a consumer advocate lawyer.

Important: Be careful about promising to pay or making payments on a debt that is past the statute of limitations. This could restart the time period the debt collector has to sue you.