CHAPTER 11. TRANSFER, MOVING, AND STORAGE LIENS
IC 32-33-11
Chapter 11. Transfer, Moving, and Storage Liens
IC 32-33-11-1
Services and property subject to lien
Sec. 1. A transferman, a drayman, or any other person, firm,limited liability company, or corporation that is engaged in:
(1) packing for shipment or storage; or
(2) transferring, hauling, or conveying from place to place;
goods, merchandise, machines, machinery or other articles of valueis entitled to a lien under this chapter for money paid for freight,storage or demurrage charges on the goods, merchandise, machines,machinery or other articles of value or for erecting machines,machinery, stacks or other equipment. The lien is imposed upon thegoods, merchandise, machines, machinery, or other articles of valuethat are packed, hauled, transferred, conveyed, or erected, for chargesfor the hauling, packing, transferring, conveying, or erecting or formoney paid for freight, storage, or demurrage on the goods,merchandise, machines, machinery, or other articles of value.
As added by P.L.2-2002, SEC.18.
IC 32-33-11-2
Notice of intention to hold lien; requisites; filing
Sec. 2. (a) A transferman, drayman, or any other person, firm,limited liability company, or corporation that is engaged in:
(1) packing for shipment or storage; or
(2) transferring, hauling, or conveying from place to place;
goods, merchandise, machinery, machines, or other articles of valueand that wishes to acquire a lien on any of this property for moneypaid for freight, storage, or demurrage charges or for erectingmachines, machinery, stacks, or other equipment, whether the claimis due or not, may, at any time within sixty (60) days afterperforming the labor or the payment of money described in section1 of this chapter, file in the recorder's office of the county a notice ofintention to hold a lien upon the property for the amount of the claim.
(b) The notice filed under subsection (a) must state the amountclaimed and provide a substantial description of the property. Thedescription of the property in a notice filed under subsection (a) mustbe sufficient to identify the property.
(c) The party ordering the work done or charges paid or advanced,shall, for the purpose of enforcing this lien, be considered primafacie the agent of all persons having or claiming any interest in thework done or charges paid or advanced but not a matter of record, ifthe person has knowledge of the performance of the services or themaking of the expenditures.
(d) The lienor may keep possession of the goods during thependency of the lien or an action on the lien unless otherwise orderedby the court.
As added by P.L.2-2002, SEC.18.
IC 32-33-11-3
Notice of intention to hold lien; recording; priority
Sec. 3. (a) The recorder shall record the notice of intention to holda lien filed under section 2(a) of this chapter, when presented, in themiscellaneous record book. The recorder shall receive fees inaccordance with IC 36-2-7-10.
(b) All liens created in this manner:
(1) relate to the date the labor was begun or money advanced;and
(2) have priority over all liens suffered or created after that date.
As added by P.L.2-2002, SEC.18.
IC 32-33-11-4
Enforcement of lien
Sec. 4. (a) A person that has a lien under this chapter may enforcethe lien by filing the person's complaint in the circuit or superiorcourt of the county in which the lien is filed, at any time within one(1) year after the notice is received for record under section 2(a) ofthis chapter by the recorder of the county.
(b) If the lien is not enforced within the time prescribed by thissection, the lien is void. If the lien is enforced as provided in thischapter, the court rendering judgment shall order the sale to be made,and the officers making the sale shall sell the property without reliefwhatever from valuation or appraisement laws.
As added by P.L.2-2002, SEC.18.
IC 32-33-11-5
Attorney's fees
Sec. 5. (a) In all suits brought for the enforcement of a lien underthe provisions of this chapter, if the plaintiff or lienholder recoversa judgment in any sum, the plaintiff or lienholder may recoverreasonable attorney's fees.
(b) Attorney's fees awarded under subsection (a) shall be enteredby the court as a part of the judgment in the suit for the enforcementof the lien.
As added by P.L.2-2002, SEC.18.
IC 32-33-11-6
Additional goods, merchandise, machines, or other articles of valuesubject to liens
Sec. 6. (a) In addition to the lien provided for in section 1 of thischapter, a person, firm, limited liability company, or corporation thatships, transfers, hauls, or conveys goods, merchandise, machines,machinery, or other articles of value for another person is entitled toa lien:
(1) upon goods, merchandise, machines, machinery, or otherarticles of value:
(A) shipped;
(B) transferred;
(C) hauled; or (D) conveyed;
for the other person; and
(2) to cover charges that the other person owes the person, firm,limited liability company, or corporation for goods,merchandise, machines, machinery, or other articles of valuepreviously:
(A) shipped;
(B) transferred;
(C) hauled; or
(D) conveyed;
by the person, firm, limited liability company, or corporationfor the other person.
(b) To obtain a lien under this section, a person, firm, limitedliability company, or corporation must do the following:
(1) Notify the other person in writing that if the other personfails to pay the person, firm, limited liability company, orcorporation for shipping, transferring, hauling, or conveyinggoods, merchandise, machines, machinery, or other articles ofvalue, the person, firm, limited liability company, orcorporation may obtain a lien upon goods, merchandise,machines, machinery, or other articles of value subsequently:
(A) shipped;
(B) transferred;
(C) hauled; or
(D) conveyed;
by the person, firm, limited liability company, or corporationfor the other person.
(2) File an intention to hold a lien with a county recorder asprovided in section 2 of this chapter.
(c) A sale of property subject to a lien acquired under this sectionmay not take place under section 4 of this chapter:
(1) for at least thirty-five (35) days after the date the person,firm, limited liability company, or corporation that has obtainedthe lien takes possession of the property; and
(2) unless the person, firm, limited liability company, orcorporation that has obtained the lien notifies:
(A) the person that had the property shipped, transferred,hauled, or conveyed;
(B) the consignee of the property; and
(C) a secured party that has a perfected security interest inthe property;
of the date, time, and location of the sale at least ten (10) daysbefore the date the sale occurs.
(d) A sale of property subject to a lien acquired under this sectionmay not be concluded if the largest amount bid for the property is notat least equal to the total amount of all outstanding obligationssecured by perfected security interests in the property. The proceedsof the sale of property subject to a lien under this section shall beapplied as follows:
(1) First, to a secured party that has a perfected security interest
in the property in an amount equal to the amount of theperfected security interest.
(2) Second, to the discharge of the lien acquired under thissection.
(3) Third, to the legal owner of the property.
If the highest bid for the property does not at least equal the totalamount of all outstanding obligations secured by a perfected securityinterest in the property, the person, firm, limited liability company,or corporation that obtained the lien on the property under thissection shall release the property to the legal owner of the propertyif the legal owner pays the person, firm, limited liability company, orcorporation the amount due for shipping, transferring, hauling, orconveying the property that does not include an amount charged forproperty that the person, firm, limited liability company, orcorporation previously shipped, transferred, hauled, or conveyed.
(e) A person, firm, limited liability company, or corporation thatobtains a lien under this section:
(1) is liable to a secured party that has a security interest inproperty covered by the lien:
(A) if the person, firm, limited liability company, orcorporation violates this section; and
(B) for damages and expenses, including reasonableattorney's fees, incurred by the secured party in enforcing thesecured party's rights; and
(2) is not liable to a consignee of property for damages that theconsignee incurs because the person, firm, limited liabilitycompany, or corporation obtained a lien on the property underthis section.
(f) A perfected security interest in property has priority over a lienobtained under this section.
(g) A lien may not be acquired under this section upon perishablegoods.
As added by P.L.2-2002, SEC.18.
IC 32-33-11-7
Construction of law
Sec. 7. This chapter may not be construed as repealing any otherlaw in force on May 31, 1921, concerning liens or the foreclosure ofliens. This chapter is intended to be supplemental to all laws in forceon May 31, 1921, concerning liens and the foreclosure of liens.
As added by P.L.2-2002, SEC.18.