IC 32-33-10
    Chapter 10. Motor Vehicles Lien for Repair, Storage, Service, andSupplies for Certain Motor Vehicles and Equipment

IC 32-33-10-1
"Construction machinery and equipment" defined
    Sec. 1. As used in this chapter, "construction machinery andequipment" includes all classes and types of machinery andequipment used in road construction, road maintenance, earthmoving, and building construction work.
As added by P.L.2-2002, SEC.18.

IC 32-33-10-2
"Farm machinery" defined
    Sec. 2. As used in this chapter, "farm machinery" means all typesof tractors, implements, and machinery used in the operation andmaintenance of farms.
As added by P.L.2-2002, SEC.18.

IC 32-33-10-3
"Motor vehicle" defined
    Sec. 3. (a) As used in this chapter, "motor vehicle" means everyvehicle and device in, upon, or by which persons or property is, ormay be, moved, transported, or drawn upon public highways.
    (b) The term includes:
        (1) self-propelled vehicles; and
        (2) vehicles and devices drawn or propelled by other vehicles,devices, trucks, and tractors.
As added by P.L.2-2002, SEC.18.

IC 32-33-10-4
"Person" defined
    Sec. 4. As used in this chapter, "person" includes a natural person,a firm, a copartnership, an association, a limited liability company,and a corporation.
As added by P.L.2-2002, SEC.18.

IC 32-33-10-5
Services and vehicles subject to lien
    Sec. 5. (a) A person engaged in:
        (1) towing, repairing, storing, servicing, or furnishing suppliesor accessories for motor vehicles, airplanes, constructionmachinery and equipment, and farm machinery; or
        (2) maintaining a motor vehicle garage, an airport or repair shopfor airplanes, or a repair shop or servicing facilities forconstruction machinery and equipment and farm machinery;
has a lien on any motor vehicle or airplane or any unit ofconstruction machinery and equipment or farm machinery towed,stored, repaired, serviced, or maintained for the person's reasonablecharges for the towing, repair work, storage, or service, including

reasonable charges for labor, for the use of tools, machinery, andequipment, and for all accessories, materials, gasoline, oils,lubricants, and other supplies furnished in connection with thetowing, repair, storage, servicing, or maintenance of the motorvehicle, airplane, unit of construction machinery and equipment, orfarm machinery.
    (b) The costs of storing a motor vehicle may not exceed onethousand five hundred dollars ($1,500).
As added by P.L.2-2002, SEC.18. Amended by P.L.104-2005,SEC.10.

IC 32-33-10-6
Notice of intention to hold lien; requisites; filing
    Sec. 6. (a) A person seeking to acquire a lien upon a motorvehicle, an airplane, a unit of construction machinery and equipment,or farm machinery, whether the claim to be secured by the lien isthen due or not, must file in the recorder's office of the county where:
        (1) the towing, repair, service, or maintenance work wasperformed; or
        (2) the storage, supplies, or accessories were furnished;
a notice in writing of the intention to hold the lien upon the motorvehicle, airplane, unit of construction machinery and equipment, orfarm machinery for the amount of the person's claim.
    (b) A notice filed under subsection (a) must specifically state theamount claimed and give a substantial description of the motorvehicle, airplane, unit of construction machinery and equipment, orfarm machinery upon which the lien is asserted.
    (c) Any description in a notice of intention to hold a lien filedunder subsection (a) is sufficient if by the description the motorvehicle, airplane, unit of construction machinery and equipment, orfarm machinery can be identified.
    (d) A notice under subsection (a) must be filed in the recorder'soffice not later than sixty (60) days after the:
        (1) performance of the towing or work; or
        (2) furnishing of the storage, supplies, accessories, or materials.
As added by P.L.2-2002, SEC.18. Amended by P.L.104-2005,SEC.11.

IC 32-33-10-7
Notice of intention to hold lien; recording; fee
    Sec. 7. (a) The recorder of the county where a notice of intentionto hold a lien is filed under section 6 of this chapter shall record thelien in the manner provided by law for the recording of mechanic'sliens.
    (b) The recorder shall receive a fee in accordance withIC 36-2-7-10 for the recording.
As added by P.L.2-2002, SEC.18.

IC 32-33-10-8
Foreclosure of lien    Sec. 8. (a) A lien provided for in this chapter may be foreclosed,as equitable liens are foreclosed, in the circuit or superior court ofthe county where the motor vehicle, airplane, unit of constructionmachinery and equipment, or farm machinery is located.
    (b) The complaint for foreclosure of a lien under subsection (a)must be filed not later than one (1) year after the notice of intentionto hold the lien is recorded.
As added by P.L.2-2002, SEC.18.

IC 32-33-10-9
Attorney's fees
    Sec. 9. In a suit brought for the enforcement of a lien undersection 8 of this chapter in which the plaintiff recovers judgment inany sum, the plaintiff may also recover reasonable attorney's fees asa part of the judgment in the action.
As added by P.L.2-2002, SEC.18.

IC 32-33-10-10
Construction of law
    Sec. 10. This chapter may not be construed to repeal, modify, oramend IC 9-22-5-14 or IC 9-22-5-15.
As added by P.L.2-2002, SEC.18.