In case of joint, or joint and several obligors or debtors, if one or more of them is about to remove outside of the jurisdictional limits of this State, taking their property with them, leaving one or more co-obligors or co-debtors bound with them for the payment of any sum of money, or for the delivery of any article of property, or for the conveyance of land at a certain time, which time has not arrived at the time of such intended removal, such co-obligor or co-debtor who remains is entitled, upon application, to relief by ne exeat, to compel the co-obligor or co-debtor who is about to remove to secure the payment of his or her part of the sum to be paid, or of the delivery of the property, or to convey, or to join in the conveyance of the land. In cases of security, the relief by ne exeat may be granted, on application of a security, against the principal or co-security, when the obligation or debt is not yet due, and the principal or co-security is about removing out of the State.
16-102.In favor of co-obligors or co-debtors.
Article XVI. Ne Exeat · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets a co-obligor, co-debtor, or surety obtain ne exeat relief against a co-obligor, principal, or co-security who is about to leave Illinois with property, to secure that person's share of a shared obligation.
Full Text of 735 ILCS 5/16-102
Plain-English Summary
This section addresses a specific risk: when two or more people are jointly bound on a debt, or bound for delivering property or conveying land, and one of them is about to leave Illinois with their property, taking the means of paying their share along with them.
The remaining co-obligor or co-debtor doesn't have to wait for the underlying obligation to come due. Section 16-102 lets them apply for ne exeat relief to compel the departing party to secure payment of their portion, secure delivery of the property, or secure the conveyance of the land, even though the time for performance hasn't yet arrived.
The section extends the same protection to sureties: a security may seek ne exeat relief against a principal or co-security who is about to leave the state, even before the underlying debt is due. In both settings, the remedy protects someone left holding shared liability from being stuck with the whole obligation because a co-obligor slipped out of reach.
Frequently Asked Questions
Who can seek ne exeat relief under Section 16-102?
A co-obligor or co-debtor left behind when another jointly bound party is about to leave Illinois with their property, or a security facing the same risk from a principal or co-security.
Does the underlying debt have to be due before seeking relief under this section?
No. Relief is available even if the time for payment, delivery, or conveyance hasn't yet arrived.
What must the departing co-obligor be about to do to trigger this section?
They must be about to remove themselves outside Illinois's jurisdictional limits, taking their property with them.
What kinds of shared obligations does Section 16-102 cover?
Payment of money, delivery of an article of property, or conveyance of land at a set future time.
Can a surety use this section against a principal debtor?
Yes. A security may apply for ne exeat relief against the principal or a co-security who is about to leave the state before the debt is due.
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 co-obligor illinoisne exeat surety illinoisco-debtor leaving state illinois remedy