Author: Legal Assistance Foundation of Metropolitan Chicago
Last updated: November 2008

The following compilation of limitations periods and other deadlines is designed to give LAF lawyers a quick and handy reference.  It is not a substitute for examining the actual statutes or regulations when confronted with a limitation issue.

Bankruptcy

For Debtors, Creditors, and Other Parties
For Creditors Only
For Debtors Only
Enlargement of Time Limits

Civil Procedure
Consumer
Employment
Family
Housing
Social Security
Welfare
Nursing Home Care Act

Bankruptcy

For Debtors, Creditors, and Other Parties

Action	Time Limits	Citation
Motion to "reconsider", i.e., motions under F.R.C.P. 52 and F.R.C.P. 59 as incorporated by F.R.Bankr.P. 7052 and F.R.Bankr.P. 9023	10 days from entry of order	F.R.Bankr.P. 9023
Relief from judgment more than 10 days after entry of final order grounds	F.R.C.P. 60(b) limits (reasonable time or one year), except motions to revoke discharge or confirmation of plan	F.R.Bankr.P. 9024
Appeal from bankruptcy court	10 days from entry of order (not 30 days). Intervening Saturdays, Sundays and holidays are counted. Most appeals will be mooted unless a stay is obtained pending appeal	F.R.Bankr.P. 8002(a) F.R.Bankr.P. 9006(a)
Objections to proposed findings of fact and conclusions of law in non-core proceedings	10 days	F.R.Bankr.P. 9033
Consent to have Bankruptcy Appeals Panel rather than District Court  decide appeal from Bankruptcy Court	30 days within filing of notice of appeal or before transmitting record, whichever is longer	F.R.Bankr.P. 8001(e) (this may be modified by local rules of the Circuit)
Reconsideration of claims pursuant to F.R.Bankr.P. 3008	Should be filed before case is closed, at the latest	See comment to F.R.Bankr.P. 3008
Deemed rejection of executory contract or lease in Chapter 7 case	Within 60 days of filing case, or such additional time as court has granted for cause, unless trustee has assumed lease	11 U.S.C. 365

For Creditors Only

Action	Time Limits	Citation
Objecting to claim of exemptions by debtor	30 days after conclusion of creditors meeting or filing of amended list or schedule, unless extended by court	F.R.Bankr.P. 4003(b)
Complaint to except a particular debt from discharge in a Chapter 7 case pursuant to 11 U.S.C. 523(a)(2),(4),(6) or (15)	60 days after date first set for creditors meeting, regardless of any continuances or adjournments, unless extended by court	F.R.Bankr.P. 4007(c)
Complaint to deny debtor discharge in a Chapter 7 case	60 days after date first set for creditors meeting, regardless of any continuances or adjournments, unless extended by court	F.R.Bankr.P. 4004(a)
Filing proof of claim, by unsecured creditor other than tax claimant, in Chapter 12 and 13 cases and some Chapter 7 cases	90 days after date first set for creditors meeting, regardless of any continuances or adjournments	F.R.Bankr.P. 3002(c)
Filing proof of claim by secured creditor in Chapter 13 case	No time limit, other than before case is closed
Filing proof of claim in Chapter 7 case which was originally thought to be no-asset case	90 days after notice to file claim is mailed	F.R.Bankr.P. 3002(c)(5)
Filing proof of claim in Chapter 11 case by creditor whose claim is not listed on schedules filed by debtor, or whose claim is scheduled as disputed,  contingent, or unliquidated claim	As set forth in plan
Revoke discharge due to fraud of debtor not known before discharge granted	One year	11 U.S.C. 727(e)(1)
Revoke discharge on grounds other than fraud of debtor	One year, or when case is closed, whichever is later	11 U.S.C. 727(e)(2)
Revoke confirmation of a plan if procured by fraud	Chapter 11 - 180 days Chapter 12 - 180 days Chapter 13 - 180 days	11 U.S.C. 1144 11 U.S.C. 1230 11 U.S.C. 1330

For Debtors Only

Action	Time Limits	Citation
Fraudulent conveyance action under bankruptcy code only	(1) Bankruptcy petition must be filed less than one year after transfer if proceeding only under bankruptcy Code (2) Adversary proceeding must be filed within two years after petition filed, one year after appointment or election of trustee, or before case is closed or dismissed, whichever is earlier (normally a Chapter 7 case is closed when the debtor receives a discharge)	(1) 11 U.S.C. 548 (2) 11 U.S.C. 546(a)
Fraudulent conveyance action based on state law	(1) Cause of action must not be time barred as of date petition is filed (2) Adversary proceeding must be filed within two years after petition filed, one year after appointment or election of trustee, or before case is closed or dismissed, whichever is earlier (normally a Chapter 7 case is closed when the debtor receives a discharge)	(1) See applicable nonbankruptcy law, such as uniform fraudulent conveyances act (2) 11 U.S.C. 546(a)
Preference action	(1) Bankruptcy petition must be filed less than 90 days after preference (2) Adversary proceeding must be filed within two years after petition filed, one year after appointment or election of trustee, or before case is closed or dismissed, whichever is earlier (normally a Chapter 7 case is closed when the debtor receives a discharge)	(1) 11 U.S.C. 547 (2) 11 U.S.C. 546(a)
Assume or reject executory contract or lease in Chapter 13 case	At or before confirmation of plan	11 U.S.C 365(d)(2)
Filing proof of claim by debtor on behalf of unsecured creditor, other than tax claimant, in Chapter 7 or 13 case	30 days after expiration of time for creditor to file claim - in effect, 120 days after date first set for creditors meeting, regardless of any continuances or adjournments	F.R.Bankr.P. 3004
Filing proof of claim on behalf of secured creditor	At any time before case is closed

Enlargement of Time Limits

• Before time has expired - Most time limits can be extended if a motion is filed before the time limit expires.  This is in the court's discretion (F.R.Bankr.P. 9006(b)(1)(1))
• After time has expired.  Time limits can be extended only upon a showing of excusable neglect (F.R.Bankr.P. 9006(b)(1)(2))
• Time limits that cannot be extended at all.  The main ones of concern to our practice are the time to move to amend Finding of Facts (F.R.Bankr.P. 7052); to Alter, Amend, or Vacate Judgment (F.R.Bankr.P. 9023); or for Relief from Judgment (F.R.Bankr.P. 9024, F.R.Bankr.P. 9006(b)(2))
• Time limits that can be extended only to a limited extent.  The time to pay the last installment of the filing fee can only be extended from 120 to 180 days (F.R.Bankr.P. 1006(b)(2)).  The time to file a proof of claim for an unsecured creditor in a Chapter 7, 11, or 12 case can only be extended for a few specific reasons (F.R.Bankr.P. 3002(c)).   The time to object to a debtor's exemptions can only be extended by a motion filed before the time to object has expired (F.R.Bankr.P. 4003(b)).  The time to object to discharge, or to object to discharge of a particular debt, can only be extended by a motion filed before the time to object has expired (F.R.Bankr.P. 4003(b), F.R.Bankr.P. 4007(c)).  The time to appeal (F.R.Bankr.P. 8002), or to object to findings of fact in a non-core proceeding (F.R.Bankr.P. 9033), can be extended for up to 20 days by the Bankruptcy Judge (F.R.Bankr.P. 9006(b)(3))

Civil Procedure

• Appeal: Appeals from final judgments of Circuit Court must be filed within 30 days after the entry of the final judgment, or 30 days after the disposal of a timely post-judgment motion directed against the judgment (Ill. S. Ct. R. 303).
• Relief from Default or Judgment:  735 ILCS 5/2-1301 allows relief from default or judgment if filed within thirty days.  735 ILCS 5/2-1401 allows relief from judgments (under certain circumstances) within two years of the date of judgment.   Note: Motions challenging judgments for lack of personal jurisdiction (e.g. no service on the defendant) have no limitations period.
• Rejection of Arbitration Awards:  Within 30 days of the filing of the award with the clerk of the Court (Ill. S. Ct. R. 93).
• New Trial: Ten days (F.R.C.P. 59).

Consumer

• Note: Limitations periods may not apply in the context of counterclaims or set-offs  (735 ILCS 5/13-207).
• Collection Abuse:  Actions against a collection agency or a collection lawyer under the Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) must be filed within one year of the date of the violation of law (15 U.S.C. 1692k(d)).
• Consumer Fraud Act:  Actions under the CFA must be filed within three years of the date the action accrued (815 ILCS 505/10a(e)).
• Contracts (Oral):  Actions on unwritten contracts (other than UCC breach of sales actions) must be commenced within five years after the cause of action accrued (735 ILCS 5/13-205).
• Contracts (Sales under UCC):  Four years.
• Contracts (written):  Except for UCC breach of sale actions, actions for breach of written contracts must be brought within ten years after the cause of action accrued (735 ILCS 5/13-206).
• Deficiency Actions:  A secured creditor must file a deficiency claim within four years of the date of the default.  Citizen's National Bank of Decatur v. Farmer, 77 Ill.App.3d 56, 395 N.E.2d 1121 (4th Dist. 1979).
• Fraudulent Conveyances: One year or four years (740 ILCS 160/10).
• Insurance:  No action can be brought until 60 days after proof of loss furnished and before three years after proof of loss was due (215 ILCS 5/357.12).  BUT INSURANCE POLICY MAY VARY THESE DEADLINES!
• Magnuson-Moss Warranty Act: The Act does not specify a statute of limitations.  State courts have applied the four year Uniform Commercial Code limitations period.  See, NCLC Sale of Goods and Services, § 33.7.10, n. 333.
• Odometer Act:  Two years from the date on which liability arises (49 U.S.C. 32710).
• Racketeer Influenced and Corrupt Organizations Act (RICO).  Four years.  See, Agency Holding Corp. v. Malley-Duff & Associates, Inc., 107 S.Ct. 2759 (1987).
• Rental Purchase Agreement Act:  No limitations period set; see "Other" below.
  Truth in Lending Act:  Actions under TILA must be filed within one year of the date of the violation (15 U.S.C. 1640).
• Uniform Commercial Code:  Statute of limitations for UCC contracts of sale is four years after the cause of action accrued (810 ILCS 5/2-725).
• Wage Assignment:  No assignment of wages is valid after three years from the date of its execution.
• Other:  If the Illinois the statute does not specify a statute of limitations, action must be initiated within five years of the accrual of the cause of action (735 ILCS 5/13-205).

Employment

• Breach of duty of fair representation: 6 months
• Breach of written employment contract: 10 years
• Breach of oral employment contract: 5 years
• Employee Polygraph Protection Act: 3 years
• Employment discrimination deadlines to file charges

- Illinois department of Human Rights: 180 days
- Chicago Commission on Human Relations: 180 days
- Cook County Commission on Human Rights: 180 days
- Equal Employment Opportunity Commission: 300 days

• Family and Medical Leave Act:  2 years from the date of the last event constituting the alleged violation of law (29 U.S.C. 2617 (c)(1)).
• Personnel Records Review Act: Allows review by current employees and former employees within one year after separation.
• Retaliatory discharge (common law): 2 years (although several courts have held it is 5 years).   Note:  Some statutes which specifically prohibit retaliatory discharge have longer or shorter limitations periods.
• Unemployment compensation

- Appeal from claims adjudicator decision: 30 days
- Appeal from referee decision: 30 days
- Appeal from Board of Review decision: 35 days
- Appeal from Circuit Court decision: 30 days

Family

• Service by Publication (735 ILCS 5/2-206, 735 ILCS 5/2-207)
• § 206: Within 10 days of the first publication of the notice, clerk shall mail a copy of said notice to last known address of defendant.
• § 207: Notice shall be published at least once in each week for 3 successive weeks.
• Default may not be entered LESS than 30 days after the date of the first publication.
• Request for a Bill of Particulars (735 ILCS 5/2-607): The Respondent in a proceeding (or to a particular pleading) may demand a bill of particulars if the complaint is so "wanting in details" as to require it.  Respondent must make (file and serve) the demand within the time provided to respond to the original complaint.  The Plaintiff (or the propounder of the pleading in question) has 28 days to file and serve the bill of particulars on the Respondent.  In turn, the party who requested the bill has 28 days to respond or otherwise plead.
• Substitution of Judge (735 ILCS 5/2-1001): Each party is entitled to one SOJ without cause as a matter of right, only if one of the following situations exist:

- If the request for SOJ is made BEFORE any trial or hearing has been had and before the Judge has ruled on any substantial matters; OR
- If both parties consent to the SOJ.

- Note: There is no limit on the number and timing of motions for SOJ for cause.

• Voluntary Dismissal (735 ILCS 5/2-1009):  The plaintiff may, at any time before trial or hearing begins, upon service to the other parties, dismiss the action.  After trial or hearing begins, plaintiff may dismiss only if:

- stipulation is signed by defendant and filed, or
- plaintiff presents a motion specifying the grounds for dismissal, supported by affidavit.

• Motions after Judgment in Non-Jury Cases (735 ILCS 5/2-1203): In all non-jury cases, within 30 days after the entry of Judgment, any party may file a motion for:

- rehearing or retrial
- modification of the judgment
- vacation of judgment
- other relief

- Note: The court may allow an extension of the 30 day requirement.

• Relief from Judgment (735 ILCS 5/2-1401): A petition to obtain relief from Judgment must be filed not later than 2 years after the entry of the order/judgment.
• Inspection of Hospital Records (735 ILCS 5/8-2001): Upon request by a patient, his/her physician, his/her authorized attorney or a holder of a Consent (735 ILCS 5/2-1003), a hospital must make a patient's hospital records available within 60 days or face the imposition of expenses and attorney's fees.
• Malpractice and Contract Actions against Attorneys (735 ILCS 5/13-214.3): Actions based on tort and contract against an attorney arising out of an act or omission in the performance of professional services, and actions against non-attorney employees acting to assist the attorney, must be brought within 2 years from the time the person bringing the action knew or reasonably should have known of the injury for which the damages are sought.
• Soldiers and Sailors Civil Relief Act: Any statute of limitations period for any action brought by or against any person in military service is tolled during the period of military service (50 U.S.C. App. 525).
• Illinois Domestic Violence Act: This act includes no statute of limitations for obtaining an Order of Protection and contains no appeal provisions.

Housing

• Five-day notice of termination due to non-payment of rent in all housing except public housing.  Tenant has right to pay rent within 5 days of service of notice (735 ILCS 5/9-204).
• Fourteen-day notice of termination due to non-payment of rent in public housing.  Tenant has right to pay rent within 14 days of service of notice (24 C.F.R. 966.4(k)(3)(i)(A)).
• Tenant has right to cure breach of lease within 10 days of landlord's service of written notice of the breach. See Chicago Residential Landlord Tenant Ordinance 5-12-130(b).
• Time deadlines for residents of the Chicago Housing Authority to file grievances: See CHA Administrative Circular 865 for deadlines for filing informal and formal grievances.  Examples follow:

- To file a grievance, requesting an informal hearing, in non-eviction matters the tenant must act within 30 days of the day the tenant originally notified CHA of the claim or problem.
- To grieve an eviction, tenants have 10 days from the receipt of the termination notice in health and safety cases; 14 days in non-payment actions; and 30 days in all other eviction actions.  

• Applicants for CHA housing: No deadlines set forth in 24 C.F.R. 960.208 for rejected applicants to file a request for an informal hearing.
• Section 8 certificate and voucher informal grievances: The federal regulations at 24 C.F.R. 982.554 and 24 C.F.R. 982.555 which govern informal hearings for applicants and participants do not specify deadlines within which to file grievances.  24 C.F.R. 982.555(c) does provide, however, that any notice of adverse action sent to a participant must include a deadline for the participant to request an informal hearing.
• Court review of adverse grievance decisions rendered by the CHA with respect to public housing and Section 8 certificates and vouchers.

- State court: Writ of common law certiorari must be filed within six months of the decision.  See Yeksigian v. City of Chicago, 231 Ill. App. 1, 596 N.E.2d 10 (1st Dist. 1992).  Even though the Illinois ARA does not apply, the better practice is to file the writ within 35 days of the decision.
- Federal court: Any action under 42 U.S.C 1983 must be brought within two years of the decision.

• Federal claims brought under 42 U.S.C. 1983 against owners of federally subsidized apartments must be bought within two years of the date the action accrued.
• Tort actions against the Chicago Housing Authority must be brought within one year under the Illinois Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/8-101).
• Every civil action commenced against the United States, including HUD, shall be barred unless the complaint is filed within six years after the right of action first accrues.  A tort claim against the United States is barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing of notice of final denial of the claim by the agency (28 U.S.C. 2401).
• Written contract claims by the tenant against the landlord must be brought within 10 years (735 ILCS 5/13-206)
• Oral contract claims by the tenant against the landlord must be brought within 5 years (735 ILCS 5/13-205).
• Bankruptcy to prevent eviction: If bankruptcy is to be pursued, it should be filed prior to the expiration of the notice of termination.  If that is impossible, it must be filed in any event prior to entry of judgment in eviction court.  The practitioner should note that the bankruptcy judges in the Northern District of Illinois are split on this issue of when a bankruptcy must be filed in order to stay an eviction.
• Bankruptcy to prevent foreclosure: Action must be filed before sale of property.  If property is debtor's principal residence, there is some authority that the bankruptcy can be filed before confirmation of sale, but this is an unsettled question.
• Bankruptcy to prevent forfeiture of installment land sale contract: 180 days if unpaid balance less than 75% of purchase price (less if prior extensions given).
• Foreclosure

- Reinstatement: The right to reinstate the mortgage must be exercised within 90 days from when all mortgagors have been served with summons (735 ILCS 5/15-1602).
- Redemption: In most cases, the right to redeem lasts for the longer of 7 months from the date the court gains jurisdiction over all mortgagors or 3 months after the entry of judgment of foreclosure (735 ILCS 5/15-1603).

• Redemption from forfeiture of installment land sale contract.  180 days if unpaid balance is less than 75% of purchase price (less if prior extensions given) (735 ILCS 5/9-110).
• Claims under the Chicago Residential Landlord and Tenant Ordinance must be filed within 2 years. See Namur v. Habitat Co., 294 Ill.App.3d 1007 (1st Dist. 1998).

Social Security

• Reconsideration, Hearing Requests, and Appeals Council Requests: 60 days, unless good cause is shown (20 C.F.R. 404.909, 20 C.F.R. 416.1409) (reconsideration); (20 C.F.R. 404.933, 20 C.F.R. 416.1433) (hearings); (20 C.F.R. 404.968, 20 C.F.R. 416.1468) (Appeals Council).  NOTE: If SSI benefits are being terminated or reduced, an appeal within 10 days of the date of receipt of the notice will continue the benefits at the current level (20 C.F.R. 416.1336(b)).
• Waivers: no time limitation exists.
• Appeal of an Appeals Council's decision: 60 days from date of receipt of the Appeals Council's decision, unless good cause is shown (42 U.S.C. 405(g), 42 U.S.C. 1383(c)(3)) (20 C.F.R. 404.982, 20 C.F.R. 416.1482). It is presumed that the Appeals Council's decision is received 5 days after its mailing date, unless evidence to the contrary is provided.
• Reopening: A final determination can be reopened for any reason within 12 months of the initial decision (20 C.F.R. 404.988, 20 C.F.R. 416.1488).  If good cause is demonstrated, a SSI determination can be reopened within 2 years of the initial decision and a Title 2 determination can be reopened within 4 years of the initial decision.

Welfare

• Appeal of a Welfare or Medicaid initial decision: 60 days from the date of the decision (PO-235.4).  Note: An appeal filed or on or before the "date of change" or within 10 days of the date of the notice, whichever date is later, will keep benefits at the current level until the appeal is decided (PO-235.4).
• Appeal of a Food Stamp initial decision: 90 days from the date of decision (PO-1020.3).  Note: An appeal filed or on or before the "date of change" or within 10 days of the date of the notice, whichever date is later, will keep benefits at the current level until the appeal is decided (PO-1020.7).
• Appeal of a hearing decision- 35 days from date decision is mailed for TANF, AABD, or  Medicaid (735 ILCS 5/3-103).  Food Stamps or General Assistance cases require a writ of certiorari which should usually be filed no later than six months from the date of decision.  Smith v. IDPA, 67 Ill.2d 529, 367 N.E.2d 1286 (Ill. 1977); Connolly v. Upham, 340 Ill. App. 387 (1st. Dist. 1950).

Nursing Home Care Act

• Nursing Home Care Act (210 ILCS 45/3-713(a)): Provides only 15 days to file an ARA in a case under this law.