CHAPTER 13. COMMON LAW LIENS
IC 32-28-13
Chapter 13. Common Law Liens
IC 32-28-13-1
"Common law lien" defined
Sec. 1. As used in this chapter, "common law lien" means a lienagainst real or personal property that is not:
(1) a statutory lien;
(2) a security interest created by agreement; or
(3) a judicial lien obtained by legal or equitable process orproceedings.
As added by P.L.2-2002, SEC.13.
IC 32-28-13-2
"Property owner" defined
Sec. 2. As used in this chapter, "property owner" means the ownerof record of real or personal property against which a common lawlien is held under this chapter.
As added by P.L.2-2002, SEC.13.
IC 32-28-13-3
"Public official" defined
Sec. 3. As used in this chapter, "public official" means anindividual who holds office in or is an employee of the executive,judicial, or legislative branch of the state or federal government or apolitical subdivision of the state or federal government.
As added by P.L.2-2002, SEC.13.
IC 32-28-13-4
Common law lien against public official based on performance ofofficial duty precluded; voiding common law lien
Sec. 4. (a) This chapter provides the procedure for filing andreleasing a common law lien.
(b) This chapter does not create a common law lien. A commonlaw lien does not exist against the property of a public official for theperformance or nonperformance of the public official's official duty.A person asserting a common law lien must prove the existence ofthe lien as prescribed by the common law of Indiana.
(c) Unless a common law lien becomes void at an earlier dateunder section 6(b) of this chapter, a common law lien is void if thecommon law lienholder fails to commence a suit on the common lawlien within one hundred eighty (180) days after the date the commonlaw lien is recorded under this chapter.
As added by P.L.2-2002, SEC.13. Amended by P.L.73-2009, SEC.1.
IC 32-28-13-5
Statement of intention to hold common law lien
Sec. 5. (a) A person who wishes to record a common law lienmust file with the county recorder of a county in which the real orpersonal property against which the common law lien is to be held is
located a statement of the person's intention to hold a common lawlien against the real or personal property. The statement must berecorded not later than sixty (60) days after the date of the lastservice provided by the person who wishes to record the lien.
(b) A statement of intention to hold a common law lien must meetall of the following requirements:
(1) Except as provided in subsection (d), the person filing thestatement must swear or affirm that the facts contained in thestatement are true to the best of the person's knowledge.
(2) The statement must be filed in duplicate.
(3) The statement must set forth:
(A) the amount claimed to be owed by the property owner tothe lienholder;
(B) the name and address of the lienholder;
(C) the name of the property owner;
(D) the last address of the property owner as shown on theproperty tax records of the county;
(E) the legal description and street and number, if any, of thereal property against which the common law lien is filed;
(F) a full description of the personal property against whichthe common law lien is filed, including the location of thepersonal property; and
(G) the legal basis upon which the person asserts the right tohold the common law lien.
(c) The recorder shall send by first class mail one (1) of theduplicate statements filed under subsection (b) to the property ownerat the address listed in the statement within three (3) business daysafter the statement is recorded. The county recorder shall record thedate the statement is mailed to the property owner under thissubsection. The county recorder shall collect a fee of two dollars ($2)from the lienholder for each statement that is mailed under thissubsection.
(d) The statement of intention to hold a common law lien requiredunder subsection (b) may be verified and filed on behalf of a clientby an attorney registered with the clerk of the supreme court as anattorney in good standing under the requirements of the supremecourt.
As added by P.L.2-2002, SEC.13. Amended by P.L.73-2009, SEC.2.
IC 32-28-13-6
Notice to lienholder to commence suit; voiding common law lien
Sec. 6. (a) A property owner may send to the lienholder a noticerequiring the lienholder to commence suit on the common law lien.The notice to commence suit must be made by registered or certifiedmail to the lienholder at the address given in the lienholder'sstatement filed under section 5 of this chapter.
(b) If the lienholder fails to commence suit within thirty (30) daysafter receiving the notice to commence suit, the common law lien isvoid. To release the common law lien from the property, the propertyowner must comply with the requirements of section 7 of this
chapter.
As added by P.L.2-2002, SEC.13.
IC 32-28-13-7
Affidavit of service of notice to commence suit; release of propertyand expunging record; fee
Sec. 7. (a) If a lienholder fails to commence suit after notice tocommence suit is sent under section 6 of this chapter, a propertyowner may file an affidavit of service of notice to commence suitwith the recorder of the county in which the statement of intention tohold a common law lien was recorded. The affidavit must:
(1) include:
(A) the date the notice to commence suit was received by thelienholder;
(B) a statement that at least thirty (30) days have elapsedfrom the date the notice to commence suit was received bythe lienholder;
(C) a statement that a suit for foreclosure of the common lawlien has not been filed and is not pending;
(D) a statement that an unsatisfied judgment has not beenrendered on the common law lien; and
(E) a cross-reference specifying the record of the countyrecorder containing the statement of intention to hold acommon law lien; and
(2) have attached to it a copy of:
(A) the notice to commence suit that was sent to thelienholder under section 6 of this chapter; and
(B) the return receipt of the notice to commence suit.
(b) The property against which the lien has been filed is releasedfrom the common law lien when the county recorder:
(1) records the affidavit of service of notice to commence suitin the miscellaneous record book of the recorder's office; and
(2) certifies in the county recorder's records that the lien isreleased.
(c) The county recorder shall collect a fee for filing the affidavitof service of notice to commence suit under the fee scheduleestablished in IC 36-2-7-10.
As added by P.L.2-2002, SEC.13.
IC 32-28-13-8
Certificate of satisfaction
Sec. 8. (a) When a common law lien recorded under this chapterhas been satisfied, the lienholder shall record a certificate ofsatisfaction with the recorder of the county in which the statement ofintention to hold a common law lien was recorded. The certificatemust specify the record of the county recorder that contains thestatement of intention to hold a common law lien filed by thelienholder under section 5 of this chapter.
(b) The certificate of satisfaction recorded under this section mustdischarge and release the property owner from the common law lien
and bar all suits and actions on the lien.
(c) The recorder shall collect a fee for recording a certificate ofsatisfaction under this section in accordance with the fee scheduleestablished in IC 36-2-7-10.
As added by P.L.2-2002, SEC.13.
IC 32-28-13-9
Civil actions against lienholder
Sec. 9. A person who is injured by a common law lien that isrecorded under section 5 of this chapter may bring a civil actionagainst the lienholder for:
(1) actual damages;
(2) costs; and
(3) reasonable attorney's fees.
As added by P.L.2-2002, SEC.13.