Whoever, whether principal, agent or attorney, with intent thereby to deprive any bona fide resident of the State of Illinois of his or her rights, under the statutes of Illinois on the subject of the exemption of property from levy and sale on a judgment, or in attachment or garnishment, sends, or causes to be sent out of the State of Illinois any claim for a debt to be collected by proceedings in attachment, garnishment, or other process, when the creditor, debtor or person, or corporation owing for the earnings intended to be reached by such proceedings in attachment are each and all within the jurisdiction of the courts of the State of Illinois, shall be guilty of a petty offense and fined for each and every claim so sent in any sum not less than $10 nor more than $50.
12-1101.Sending claim out of State.
Article XII. Judgments - Enforcement · Part 11. Garnishment in Violation of Exemption · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceMakes it a petty offense, fined $10 to $50 per claim, to send an Illinois debt out of state for collection in order to dodge Illinois's exemption laws when everyone involved is within Illinois's jurisdiction.
Full Text of 735 ILCS 5/12-1101
Plain-English Summary
Exemption laws only work if creditors can't route around them. This section makes it a petty offense for a principal, agent, or attorney, intending to deprive an Illinois resident of exemption rights, to send a debt claim out of state for collection by attachment, garnishment, or other process, when the creditor, debtor, and the person or corporation owing the earnings are all within Illinois's jurisdiction.
The penalty is a fine of not less than $10 nor more than $50 for each claim sent.
The point is to stop otherwise purely local collection matters from being shipped across state lines just to escape Illinois's exemption protections.
Frequently Asked Questions
What conduct does this section punish?
Sending a debt claim out of Illinois for collection by attachment or garnishment, intending to deprive an Illinois resident of exemption rights, when everyone involved is within Illinois's jurisdiction.
Who can commit this offense?
A principal, agent, or attorney.
What's the penalty for this offense?
A petty offense with a fine of not less than $10 nor more than $50 for each claim sent.
Does this section apply if the debtor or garnishee is located outside Illinois?
No. It requires the creditor, debtor, and the person or corporation owing the earnings to all be within Illinois's jurisdiction.
Why does Illinois punish this conduct?
To stop creditors from evading Illinois's exemption protections by routing collection through another state.
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: illinois out of state garnishment offenseevading illinois exemption laws penaltysending a debt claim out of state illinoispetty offense sending claim out of illinois