Chapter 735 — CIVIL PROCEDURE

(735 ILCS 5/12-911) (from Ch. 110, par. 12-911) Sec. 12-911. Notice to judgment debtor. In case the value of the premises is, in the opinion of the commissioners, more than $50,000 for premises owned by an individual owner or $100,000 for premises owned by 2 or more individual ow…

(735 ILCS 5/12-912) (from Ch. 110, par. 12-912) Sec. 12-912. Sale of premises - Distribution of proceeds. In case of such surplus, or the amount due on the judgment is not paid within the 60 days, the officer may advertise and sell the premises, and out of the proceeds of such sa…

(735 ILCS 5/13-101) (from Ch. 110, par. 13-101) Sec. 13-101. Twenty years - Recovery of land. No person shall commence an action for the recovery of lands, nor make an entry thereon, unless within 20 years after the right to bring such action or make such entry first accrued, or …

(735 ILCS 5/13-102) (from Ch. 110, par. 13-102) Sec. 13-102. Breach of condition subsequent. No person shall commence an action for the recovery of lands, nor make an entry thereon, by reason of the breach of a condition subsequent, unless within 7 years after the time that condi…

(735 ILCS 5/13-103) (from Ch. 110, par. 13-103) Sec. 13-103. Termination of estate upon limitation. No person shall commence an action for the recovery of lands, nor make an entry thereon, by reason of the termination of an estate upon limitation or of an estate upon conditional …

(735 ILCS 5/13-104) (from Ch. 110, par. 13-104) Sec. 13-104. Under mortgage or lease. Nothing in Sections 13-102 and 13-103 of this Act affects the time for the enforcement of any right under or by virtue of a mortgage or lease. (Source: P.A. 82-280.)

(735 ILCS 5/13-105) (from Ch. 110, par. 13-105) Sec. 13-105. Twenty years - Computation. If such right or title first accrued to an ancestor or predecessor of the person who brings the action or makes the entry, or to any person from, by, or under whom he or she claims, the 20 ye…

(735 ILCS 5/13-106) (from Ch. 110, par. 13-106) Sec. 13-106. Accrual of right of entry or to bring action. The right to make an entry or bring an action to recover land shall be deemed to have first accrued at the times respectively hereinafter provided: (a) When any person is wr…

(735 ILCS 5/13-107) (from Ch. 110, par. 13-107) Sec. 13-107. Seven years with possession and record title. Except as provided in Section 13-107.1, actions brought for the recovery of any lands, tenements or hereditaments of which any person may be possessed by actual residence th…

(735 ILCS 5/13-107.1) Sec. 13-107.1. Two years with possession and record title derived from a judicial foreclosure sale. (a) Actions brought for the recovery of any lands, tenements, or hereditaments of which any person may be possessed for 2 successive years, having a connected…

(735 ILCS 5/13-108) (from Ch. 110, par. 13-108) Sec. 13-108. Right extended to heirs. The heirs, legatees and assigns of the person having such title and possession, shall have the same benefit of the preceding Section as the person from whom the possession is derived. (Source: P…

(735 ILCS 5/13-109) (from Ch. 110, par. 13-109) Sec. 13-109. Payment of taxes with color of title. Except as provided in Section 13-109.1, every person in the actual possession of lands or tenements, under claim and color of title, made in good faith, and who for 7 successive yea…

(735 ILCS 5/13-109.1) Sec. 13-109.1. Payment of taxes with color of title derived from judicial foreclosure. Every person in the actual possession of lands or tenements, under claim and color of title, as a purchaser at a judicial foreclosure sale, other than a mortgagee, who tak…

(735 ILCS 5/13-110) (from Ch. 110, par. 13-110) Sec. 13-110. Vacant land - Payment of taxes with color of title. Whenever a person having color of title, made in good faith, to vacant and unoccupied land, pays all taxes legally assessed thereon for 7 successive years, he or she s…

(735 ILCS 5/13-111) (from Ch. 110, par. 13-111) Sec. 13-111. State and United States. Sections 13-109 and 13-110 of this Act shall not extend to lands or tenements owned by the United States or of this State, nor to school and seminary lands, nor to lands held for the use of reli…

(735 ILCS 5/13-112) (from Ch. 110, par. 13-112) Sec. 13-112. Minors and persons under legal disability. If, at the time when such right of entry or of action upon or for lands first accrues, the person entitled to such entry or action is a minor, or person under legal disability,…

(735 ILCS 5/13-113) (from Ch. 110, par. 13-113) Sec. 13-113. Extension to heirs. If the person first entitled to make entry or bring such action dies during the continuance of any of the disabilities mentioned in Section 13-112 of this Act, and no determination or judgment has be…

(735 ILCS 5/13-114) (from Ch. 110, par. 13-114) Sec. 13-114. Seventy-five year limitation. No deed, will, estate, proof of heirship, plat, affidavit or other instrument or document, or any court proceeding, order or judgment, or any agreement, written or unwritten, sealed or unse…

(735 ILCS 5/13-115) (from Ch. 110, par. 13-115) Sec. 13-115. Foreclosure of mortgage. No person shall commence an action or make a sale to foreclose any mortgage or deed of trust in the nature of a mortgage, unless within 10 years after the right of action or right to make such s…

(735 ILCS 5/13-116) (from Ch. 110, par. 13-116) Sec. 13-116. Lien of mortgage, trust or vendor's lien. (a) The lien of every mortgage, trust deed in the nature of a mortgage, and vendor's lien, the due date of which is stated upon the face, or ascertainable from the written terms…

(735 ILCS 5/13-117) (from Ch. 110, par. 13-117) Sec. 13-117. Limitation on mortgage. The lien of every mortgage or trust deed in the nature of a mortgage of record on July 1, 1915, where more than 20 years have elapsed from the time the indebtedness secured thereby is due accordi…

(735 ILCS 5/13-118) (from Ch. 110, par. 13-118) Sec. 13-118. Forty year limitation on claims to real estate. No action based upon any claim arising or existing more than 40 years before the commencement of such action shall be maintained in any court to recover any real estate in…

(735 ILCS 5/13-119) (from Ch. 110, par. 13-119) Sec. 13-119. Claim index. All claims filed in the office of the recorder as provided in Section 13-118 of this Act shall be recorded and indexed in the manner provided by law. In counties where the recorder is not required to keep a…

(735 ILCS 5/13-120) (from Ch. 110, par. 13-120) Sec. 13-120. Limitation on sections. Sections 13-118 through 13-121 of this Act shall not be applied: 1. to bar any lessor or his or her successor as reversioner of his or her right to possession on the expiration of any lease or an…

(735 ILCS 5/13-121) (from Ch. 110, par. 13-121) Sec. 13-121. Construction. Sections 13-118 through 13-121 of this Act shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record cha…

(735 ILCS 5/13-122) (from Ch. 110, par. 13-122) Sec. 13-122. Posting of notice that right of access is by permission and subject to control of owner. No use of any land by any person or by the public generally, no matter how long continued, shall ever ripen into an easement by pr…

(735 ILCS 5/13-201) (from Ch. 110, par. 13-201) Sec. 13-201. Defamation - Privacy. Actions for slander, libel or for publication of matter violating the right of privacy, shall be commenced within one year next after the cause of action accrued. (Source: P.A. 82-280.)

(735 ILCS 5/13-202) (from Ch. 110, par. 13-202) Sec. 13-202. Personal injury - Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversati…

(735 ILCS 5/13-202.1) (from Ch. 110, par. 13-202.1) Sec. 13-202.1. No limitations on certain actions - Duties of Department of Corrections and State's Attorneys. (a) Notwithstanding any other provision of law, any action for damages against a person, however the action may be des…

(735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2) Sec. 13-202.2. Childhood sexual abuse. (a) In this Section: "Childhood sexual abuse" means an act of sexual abuse that occurs when the person abused is under 18 years of age. "Sexual abuse" includes but is not limited to sexual …

(735 ILCS 5/13-202.3) Sec. 13-202.3. For an action arising out of an injury caused by "sexual conduct" or "sexual penetration" as defined in Section 11-0.1 of the Criminal Code of 2012, the limitation period in Section 13-202 does not run during a time period when the person inju…

(735 ILCS 5/13-203) (from Ch. 110, par. 13-203) Sec. 13-203. Loss of consortium - Injury to person. Actions for damages for loss of consortium or other actions, including actions for the medical expenses of minors or persons under legal disability, deriving from injury to the per…

(735 ILCS 5/13-203.1) (from Ch. 110, par. 13-203.1) Sec. 13-203.1. Loss of means of support or parental relationships. Actions for damages for loss of means of support or loss of parental or in loco parentis relationships sustained by a minor resulting from an injury described in…

(735 ILCS 5/13-204) (from Ch. 110, par. 13-204) Sec. 13-204. Contribution and indemnity. (a) In instances where no underlying action seeking recovery for injury to or death of a person or injury or damage to property has been filed by a claimant, no action for contribution or ind…

(735 ILCS 5/13-205) (from Ch. 110, par. 13-205) Sec. 13-205. Five year limitation. Except as provided in Section 2-725 of the "Uniform Commercial Code", approved July 31, 1961, as amended, and Section 11-13 of "The Illinois Public Aid Code", approved April 11, 1967, as amended, a…

(735 ILCS 5/13-206) (from Ch. 110, par. 13-206) Sec. 13-206. Ten year limitation. Except as provided in Section 2-725 of the "Uniform Commercial Code", actions on bonds, promissory notes, bills of exchange, written leases, written contracts, or other evidences of indebtedness in …

(735 ILCS 5/13-207) (from Ch. 110, par. 13-207) Sec. 13-207. Counterclaim or set-off. A defendant may plead a set-off or counterclaim barred by the statute of limitation or the statute of repose, while held and owned by him or her, to any action, the cause of which was owned by t…

(735 ILCS 5/13-208) (from Ch. 110, par. 13-208) Sec. 13-208. Absence from State. (a) If, when the cause of action accrues against a person, he or she is out of the state, the action may be commenced within the times herein limited, after his or her coming into or return to the st…

(735 ILCS 5/13-209) (from Ch. 110, par. 13-209) Sec. 13-209. Death of party. (a) If a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives: (1) an action may be commenced by his or her rep…

(735 ILCS 5/13-210) (from Ch. 110, par. 13-210) Sec. 13-210. Foreign limitation. When a cause of action has arisen in a state or territory out of this State, or in a foreign country, and, by the laws thereof, an action thereon cannot be maintained by reason of the lapse of time, …

(735 ILCS 5/13-211) (from Ch. 110, par. 13-211) Sec. 13-211. Minors and persons under legal disability. (a) If the person entitled to bring an action, specified in Sections 13-201 through 13-210 of this Code, at the time the cause of action accrued, is under the age of 18 years o…

(735 ILCS 5/13-212) (from Ch. 110, par. 13-212) Sec. 13-212. Physician or hospital. (a) Except as provided in Section 13-215 or 13-215.1 of this Act, no action for damages for injury or death against any physician, dentist, registered nurse or hospital duly licensed under the law…

(735 ILCS 5/13-213) (from Ch. 110, par. 13-213) (Text of Section WITH the changes made by P.A. 89-7, which has been held unconstitutional) Sec. 13-213. Product liability; statute of repose. (a) As used in this Section, the term: (1) "Alteration, modification or change" or "altere…

(735 ILCS 5/13-214) (from Ch. 110, par. 13-214) Sec. 13-214. Construction; design management and supervision. As used in this Section, "person" means any individual, any business or legal entity, or any body politic. (a) Actions based upon tort, contract or otherwise against any …

(735 ILCS 5/13-214.1) (from Ch. 110, par. 13-214.1) Sec. 13-214.1. Action for damages involving criminal acts. (a) Actions for damages for an injury described in Section 13-202 or Section 13-203 arising out of first degree murder or the commission of a Class X felony by the perso…

(735 ILCS 5/13-214.2) (from Ch. 110, par. 13-214.2) Sec. 13-214.2. (a) Actions based upon tort, contract or otherwise against any person, partnership or corporation registered pursuant to the Illinois Public Accounting Act, as amended, or any of its employees, partners, members, …

(735 ILCS 5/13-214.3) (from Ch. 110, par. 13-214.3) Sec. 13-214.3. Attorneys. (a) In this Section: "attorney" includes (i) an individual attorney, together with his or her employees who are attorneys, (ii) a professional partnership of attorneys, together with its employees, part…

(735 ILCS 5/13-214.4) Sec. 13-214.4. Actions against insurance producers, limited insurance representatives, and registered firms. All causes of action brought by any person or entity under any statute or any legal or equitable theory against an insurance producer, registered fir…

(735 ILCS 5/13-215) (from Ch. 110, par. 13-215) Sec. 13-215. Fraudulent concealment. If a person liable to an action fraudulently conceals the cause of such action from the knowledge of the person entitled thereto, the action may be commenced at any time within 5 years after the …

(735 ILCS 5/13-215.1) Sec. 13-215.1. Fertility fraud limitation. Notwithstanding any other provision of the law, an action for fertility fraud under the Illinois Fertility Fraud Act must be commenced within the later of 20 years, if brought under Section 15 of the Illinois Fertil…