No order shall be entered for the incarceration of a judgment debtor as a means of satisfying a money judgment except when the judgment is entered for a tort committed by such judgment debtor, and it appears from a special finding of the jury, or from a special finding by the court, if the case is tried by the court without a jury, that malice is the gist of the action, and except when the judgment debtor refuses to deliver up his or her estate for the benefit of his or her creditors.
12-107.Incarceration of judgment debtor.
Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceIllinois bars jailing someone just to collect a money judgment, unless the judgment is for a tort where malice was found to be the gist of the case, or the debtor refuses to turn over their estate to creditors.
Full Text of 735 ILCS 5/12-107
Plain-English Summary
As a default rule, no court can order a judgment debtor incarcerated as a way to satisfy a money judgment. The section carves out two narrow exceptions. The first applies when the judgment arose from a tort the debtor committed and a jury, or the court in a bench trial, made a special finding that malice was the gist of the action. The second applies when the debtor refuses to deliver up their estate for the benefit of creditors.
Outside those two situations, incarceration isn't an available tool for collecting on a judgment. The related civil-contempt procedure for body attachment, with its own notice and hearing requirements, is addressed separately in Section 12-107.5.
Frequently Asked Questions
Can someone in Illinois be jailed just for not paying a debt?
Not for a money judgment on its own. Incarceration is available only for a tort judgment with a special finding of malice, or when the debtor refuses to deliver up their estate to creditors.
What has to be proven to jail a judgment debtor over a tort judgment?
A special finding, by the jury or by the court in a bench trial, that malice is the gist of the action.
What's the other situation where a judgment debtor can be incarcerated?
Where the debtor refuses to deliver up their estate for the benefit of creditors.
Who makes the malice finding required for incarceration?
The jury, or the court itself if the case was tried without a jury.
Does this section govern body attachment for civil contempt?
No, the added notice and hearing protections for civil-contempt body attachment appear separately in Section 12-107.5.
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
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