Illinois Compiled Statutes
35 ILCS 200/21-335 (2026)
Claims for interest and costs
✓ current as of May 2026
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(35 ILCS 200/21-335)
Sec. 21-335.
Claims for interest and costs.
Any person
claiming interest or costs under Sections 21-315 through 21-330 shall
include the claim in his or her petition for sale in error
under Section 21-310, 22-35, or 22-50. Any claim for interest or costs
which is not included in
the petition is waived. Interest or costs may be awarded,
however, to
the extent
permitted by this Section upon a sale in error petition filed by the
county collector
or municipality or upon a declaration by the county collector pursuant to
subsection (c) of Section 21-310,
without requiring a separate filing by the claimant. Any refund of interest or
costs upon the petition for sale in error
or upon a declaration by the county collector pursuant to subsection (c) of
Section 21-310
shall be
paid by the county treasurer as trustee of
the fund
created by this Section. The fund shall be the sole source for
payment and satisfaction of orders for interest or costs, except as otherwise
provided in this subsection. If the court determines that the fund has been
depleted and will not be restored in time to pay an award with reasonable
promptness, the court may authorize the collector to pay the interest portion
of the award pro rata from those accounts where the principal refund of the tax
sale purchase price under Section 21-310 is taken.
(Source: P.A. 92-224, eff. 1-1-02; 92-729, eff. 7-25-02.)
Notes of Decisions
Cited in 5
cases, 2017–2017 · leading case: In re The Application of Cnty. Treasurer, 2017 IL App (4th) 170003 (Ill. App. Ct. 2017).
In re The Application of Cnty. Treasurer, 2017 IL App (4th) 170003 (Ill. App. Ct. 2017). “”); 35 ILCS 200/21-335 (West 2014) (“Any refund of interest or costs upon the petition for sale in error *** shall be paid by the county treasurer as trustee of the fund created by this Section.”
In re Application of the Cnty. Collector, 2017 IL App (2d) 160483 (Ill. App. Ct. 2017). “The parties acknowledged that the Collector had a sale-in-error fund but that, by statute, that fund was set up to pay only interest and costs (see 35 ILCS 200/21-335 (West 2014)) not the refunds of amounts that were already disbursed to the taxing bodies.”
In re Application of Cnty. Treasurer & ex officio Cnty. Collector, 2017 IL App (4th) 170003 (Ill. App. Ct. 2017). “”); 35 ILCS 200/21-335 (West 2014) (“Any refund of interest or costs upon the petition for sale in error *** shall be paid by the county treasurer as trustee of the fund created by this Section.”
In re Application of the Cnty. Collector, 2017 IL App (2d) 160483 (Ill. App. Ct. 2017). “The parties acknowledged that the Collector had a sale-in-error fund but that, by statute, that fund was set up to pay only interest and costs (see 35 ILCS 200/21-335 (West 2014)), not the refunds of amounts that were already disbursed to the taxing bodies.”
In re Application of the Cnty. Collector, 2017 IL App (2d) 160483 (Ill. App. Ct. 2017). “The parties acknowledged that the Collector had a sale-in-error fund but that, by statute, that fund was set up to pay only interest and costs (see 35 ILCS 200/21-335 (West 2014)), not the refunds of amounts that were already disbursed to the taxing bodies.”
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