Article XII. Judgments - Enforcement · Part 1. In General · Last amended 2014 · Last verified July 20, 2026
In one sentenceBefore Illinois can order someone jailed for indirect civil contempt, the person must first get notice and a chance to appear and show cause, and any resulting body attachment order expires after one year.
Full Text of 735 ILCS 5/12-107.5
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(a)No order of body attachment or other civil order for the incarceration or detention of a natural person respondent to answer for a charge of indirect civil contempt shall issue unless the respondent has first had an opportunity, after personal service or abode service of notice as provided in Supreme Court Rule 105, to appear in court to show cause why the respondent should not be held in contempt. (b) The notice shall be an order to show cause. (c) Any order issued pursuant to subsection (a) shall expire one year after the date of issue.
(d)The first order issued pursuant to subsection (a) and directed to a respondent may be in the nature of a recognizance bond in the sum of no more than $1,000.
(e)Upon discharge of any bond secured by the posting of funds, the funds shall be returned to the respondent or other party posting the bond, less applicable fees, unless the court after inquiry determines that: (1) the judgment debtor willfully has refused to comply with a payment order entered in accordance with Section 2-1402 or an otherwise validly entered order; (2) the bond money belongs to the debtor as opposed to a third party; and (3) that any part of the funds constitute non-exempt funds of the judgment debtor, in which case the court may cause the non-exempt portion of the funds to be paid over to the judgment creditor.
(f)The requirements or limitations of this Section do not apply to the enforcement of any order or judgment for child support, any order or judgment resulting from an adjudication of a municipal ordinance violation that is subject to Supreme Court Rules 570 through 579, or from an administrative adjudication of such an ordinance violation.
Plain-English Summary
This section builds due-process steps into civil-contempt enforcement against a natural person. Before a body attachment or other civil order for incarceration or detention can issue, the respondent must first be served, personally or by abode service under Supreme Court Rule 105, with notice in the form of an order to show cause, giving them a chance to appear before being held in contempt. Any order that does issue expires one year after it's issued.
The first order directed at a respondent can take the form of a recognizance bond, capped at no more than $1,000. When that bond is later discharged, the posted funds go back to whoever posted them, minus applicable fees, unless the court finds all three of the following after inquiry: the debtor willfully refused to comply with a payment order under Section 2-1402 or another validly entered order, the funds belong to the debtor rather than a third party, and the funds are non-exempt. Only then can the court direct the non-exempt portion to the judgment creditor.
These protections don't apply across the board. The section carves out enforcement of child support orders and enforcement of municipal ordinance violation judgments handled under Supreme Court Rules 570 through 579 or through administrative adjudication.
Frequently Asked Questions
Can Illinois order someone jailed for contempt without a hearing first?
No. The respondent must first be served with notice, in the form of an order to show cause, and get a chance to appear before any body attachment or detention order can issue.
How long does a body attachment order last in Illinois?
It expires one year after the date it's issued.
What's the cap on the first recognizance bond a court can impose under this section?
No more than $1,000.
When can bond funds be paid to the creditor instead of returned to the person who posted them?
Only if the court finds, after inquiry, that the debtor willfully refused to comply with a payment order or other valid order, the funds belong to the debtor rather than a third party, and the funds are non-exempt.
Do these body-attachment protections apply to child support enforcement?
No. The section exempts enforcement of child support orders and certain municipal ordinance violation judgments from these requirements.
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
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