Illinois Compiled Statutes
35 ILCS 200/21-175 (2026)
Proceedings by court
✓ current as of May 2026
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(35 ILCS 200/21-175)
Sec. 21-175.
Proceedings by court.
Defenses to the entry of judgment
against properties included in the delinquent list shall be entertained by the
court only when: (a) the defense includes a writing specifying the particular
grounds for the objection; and (b) except as otherwise provided in Sections
14-15,
14-25, 23-5, and 23-25, the taxes to which objection is made are paid under
protest under Section 23-5 and a tax objection complaint is filed
under Section 23-10.
If any party objecting is entitled to a refund of all or any part of a tax
paid, the court shall enter judgment accordingly, and also
shall
enter judgment for the taxes, special assessments, interest and penalties as
appear to be due. The judgment shall be considered as a several judgment
against each property or part thereof, for each kind of tax or special
assessment included therein. The court shall direct the clerk to prepare and
enter an order for the sale of the property against which judgment is entered.
However, if a defense is made that the property, or any part thereof, is exempt
from taxation and it is demonstrated that a proceeding to determine the exempt
status of the property is pending under Section 16-70 or 16-130 or is being
conducted under Section 8-35 or 8-40, the court shall not enter a judgment
relating to that property until the proceedings being conducted under Section
8-35 or Section 8-40 have terminated.
(Source: P.A. 88-455; 88-642, eff. 9-9-94; 89-126, eff. 7-11-95.)
Notes of Decisions
Cited in 8
cases (4 in the last 5 years), 2003–2024 · leading case: In Re Commings, 297 B.R. 701 (Bankr. N.D. Ill. 2003).
In Re Commings, 297 B.R. 701 (Bankr. N.D. Ill. 2003). “After the county collector applies for, and the state court enters, a judgment and order of sale, 35 ILCS 200/21-175 (2002), the county offers the property for sale at a public auction, 35 ILCS 200/21-190 (2002).”
In Re Application of Cnty. Collector, 838 N.E.2d 907 (Ill. 2005). “The county collector must send notice of the application for judgment by certified or registered mail to the party in whose name the property taxes were last assessed not less than 15 days before the date of application for judgment is filed.”
Shawnee Cmty. Unit Sch. Dist. No. 84 v. Illinois Prop. Tax Appeal Bd., 2024 IL 128731 (Ill. 2024). “” 35 ILCS 200/21-175 (West 2014). ¶ 119 The Code includes no similar provision for continuing PTAB’s jurisdiction over a pending claim that the board of review imposed an excessive tax.”
Shawnee Cmty. Unit Sch. Dist. No. 84 v. Illinois Prop. Tax Appeal Bd., 2022 IL App (5th) 190266 (Ill. App. Ct. 2022). “Section 21-175 of the Code (35 ILCS 200/21-175 (West 2018)), a provision referenced in section 16-160, allows the circuit court to entertain defenses to the county collector’s application for judgment and tax sale when the defense includes a writing specifying the grounds for…”
Shawnee Cmty. Unit Sch. Dist. No. 84 v. Illinois Prop. Tax Appeal Bd., 2024 IL 128731 (Ill. 2024). “” 35 ILCS 200/21-175 (West 2014). ¶ 119 The Code includes no similar provision for continuing PTAB’s jurisdiction over a pending claim that the board of review imposed an excessive tax.”
Carle Found. v. Illinois Dep't of Revenue (Ill. App. Ct. 2009). “r property determined to have been exempt, on comparable grounds, for a prior or subsequent year; (b) proceedings following the filing of a tax objection complaint pursuant to [section] 23-10 of the *** Code [(35 ILCS 200/23-10 (West 2006))] in order to preserve defenses to the…”
Shawnee Cmty. Unit Sch. Dist. No. 84 v. Illinois Prop. Tax Appeal Bd., 2022 IL App (5th) 190266-U (Ill. App. Ct. 2022). “Section 21-175 of the Code (35 ILCS 200/21-175 (West 2018)), a provision referenced in section 16-160, allows the circuit court to entertain defenses to the county collector’s application for judgment and tax sale when the defense includes a writing specifying the grounds for…”
Joseph Van (Bankr. N.D. Ill. 2020). “" But prospective purchasers at the auction do not bid the value of the property, and the winning bidder does not acquire the property itself.”
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