On the return of the order for ne exeat, if it was duly served, the court shall proceed therein as in other cases where equitable relief is sought, if the time of performance of the duty or obligation of the defendant has expired; if not, then the proceedings shall be stayed until it has expired.
16-109.Proceedings after service of order.
Article XVI. Ne Exeat · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceDirects the court to proceed with a ne exeat case as in other equitable matters once the order is duly served, unless the defendant's obligation isn't yet due, in which case the case is stayed until it matures.
Full Text of 735 ILCS 5/16-109
Plain-English Summary
Once a ne exeat order has been served on the defendant, Section 16-109 tells the court how to proceed on the return of that order. If the time for the defendant to perform the underlying duty or obligation has already expired, the court proceeds just as in other cases seeking equitable relief.
But if that time hasn't expired yet — recall that Section 16-101 allows ne exeat relief even for debts not yet due — the court doesn't rush ahead. The proceedings are stayed until the obligation's due date arrives. This keeps the ne exeat restraint in place to secure the claim, while holding off on resolving the merits until there's something ripe to adjudicate.
Frequently Asked Questions
What happens on the return of a duly served ne exeat order?
If the defendant's duty or obligation was already due, the court proceeds as in other equitable cases.
What if the underlying debt isn't due yet when the ne exeat order is returned?
The proceedings are stayed until the time for performance has expired.
Why would a ne exeat case need to be stayed?
Because Section 16-101 permits ne exeat relief for debts not yet due, the case may reach the return date before there's a mature obligation to adjudicate, so the court waits.
Does staying the proceedings under this section lift the ne exeat restraint?
Section 16-109 addresses the proceedings on the merits; Section 16-110 separately confirms the court may still consider vacating the order itself at any time.
What kind of proceeding does the court follow once it can proceed?
The same kind of proceeding used in other cases where equitable relief is sought.
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 stay of proceedings illinoisne exeat return of orderillinois ne exeat equitable proceeding