Relief by ne exeat republica may be granted, in cases where the debt or claim is not actually due, but exists fairly and bona fide in expectancy at the time of making application, and in cases where the claim is due; and it is not necessary, to authorize the granting of such relief by ne exeat, that the applicant show that his or her debt or claim is purely of an equitable character.
16-101.Availability of remedy.
Article XVI. Ne Exeat · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAllows a court to grant relief by ne exeat republica even for a debt not yet due, as long as it exists in good-faith expectancy, and even for claims that aren't purely equitable.
Full Text of 735 ILCS 5/16-101
Plain-English Summary
Ne exeat republica — "let him not leave the republic" — is an old equitable writ restraining a person from leaving Illinois while a debt or claim against them is pending. Section 16-101 sets the outer edge of when it's available.
The remedy isn't limited to debts already due. It reaches a debt or claim that exists in good-faith expectancy even before it matures, as well as claims that are already due. And the applicant doesn't have to show the underlying claim is purely equitable in character; a claim with a legal flavor can still support ne exeat relief.
Because the writ restrains a person's physical liberty to travel, courts apply it cautiously, and the remaining sections of Article XVI build in safeguards — verified pleadings, bonds, and a prompt hearing — around this broad initial availability.
Frequently Asked Questions
What is ne exeat republica under Illinois law?
It's an equitable writ restraining a person from leaving the state while a debt or claim against them remains unresolved.
Can ne exeat relief be granted before a debt is due?
Yes. Section 16-101 allows it where the debt or claim exists in good-faith expectancy, even if not yet due.
Must the underlying claim be equitable in nature to get ne exeat relief?
No. Section 16-101 says the applicant need not show the debt or claim is purely of an equitable character.
Does ne exeat only apply to claims that are already due?
No, it applies to claims due and to claims not yet due but existing in bona fide expectancy at the time of application.
What kind of relief does ne exeat provide?
It restrains the person from leaving the state's jurisdiction, protecting the claimant's ability to eventually collect or enforce the underlying obligation.
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: ne exeat republica illinoisillinois writ restraining travelne exeat debt not yet dueillinois ne exeat availability