Any person imprisoned for any contempt of court for the non-performance of any order or judgment for the payment of money, is entitled to relief by habeas corpus, and if it appears, on full examination of such person and such witnesses, and other evidence as may be adduced, that he or she is unable to comply with such order or judgment, or to endure the confinement, and that all persons interested in the order or judgment have had reasonable notice of the time and place of trial, the court may discharge him or her from imprisonment, but no such discharge shall operate to release the lien of such order or judgment, but the same may be enforced against the property of such person as other orders and judgments are enforced in civil cases.
10-137.Contempt - Discharge.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-137 lets a court discharge, through habeas corpus, someone jailed for contempt over an unpaid money order or judgment who proves an inability to comply or endure confinement after interested parties had reasonable notice, though the discharge leaves the underlying judgment lien enforceable against that person's property.
Full Text of 735 ILCS 5/10-137
Plain-English Summary
Section 10-137 addresses a specific kind of confinement: imprisonment for contempt of court arising from the non-performance of an order or judgment for the payment of money. A person held this way is entitled to seek relief by habeas corpus, and the court may discharge that person if, on full examination of that person and of any witnesses and other evidence brought forward, it appears that the person is unable to comply with the order or judgment, or unable to endure the confinement, and that everyone interested in the order or judgment had reasonable notice of the time and place of the trial.
The discharge has a limit built into it, though: no such discharge releases the lien of the order or judgment itself. That lien may still be enforced against the person's property, the same way other orders and judgments are enforced in civil cases.
In this way, Section 10-137 separates the question of continued confinement from the underlying debt — freedom from jail doesn't erase what's owed, only the imprisonment used to compel payment of it.
Frequently Asked Questions
What kind of contempt imprisonment does Section 10-137 address?
Confinement for contempt arising from non-performance of an order or judgment for the payment of money.
What must be shown for the court to discharge someone under this section?
That after full examination of the person, witnesses, and other evidence, they are unable to comply with the order or judgment, or unable to endure the confinement.
What notice requirement applies before discharge?
Everyone interested in the order or judgment must have had reasonable notice of the time and place of the trial.
Does discharge under Section 10-137 wipe out the underlying debt?
No. The lien of the order or judgment survives and can still be enforced against the person's property, the same way other judgments are enforced in civil cases.
Is Section 10-137 limited to any particular type of money judgment?
The text applies broadly to imprisonment for contempt for non-performance of any order or judgment for the payment of money.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: contempt for unpaid judgment illinois habeas corpusdischarge from contempt imprisonment illinoiscivil contempt habeas corpus illinois