CHAPTER 12. MECHANIZED AGRICULTURAL SERVICES LIEN
IC 32-33-12
Chapter 12. Mechanized Agricultural Services Lien
IC 32-33-12-1
Products and services subject to lien
Sec. 1. (a) The owner or operator of a machine or tool used inthreshing or hulling grain or seeds or in the plowing, disking, orcultivating of land for the production of crops or in the combining,picking, or baling of crops has a lien upon the grain or seed threshedor hulled with the machine or upon the crops produced or preparedfor market or storage by the plowing, disking, cultivating, combining,baling, or picking to secure payment to the owner or operator of themachine or tool by the owner of the crops produced or partiallyproduced by the service, as may be agreed upon.
(b) If the charges for the services referred to in subsection (a) arenot agreed upon, the amount of the lien must equal charges that arereasonable for the work.
(c) The owner or operator of the machine must file in the properplace specified in IC 26-1-9.1-501 a financing statement givingnotice of the lien. The notice must designate the following:
(1) The name of the person for whom the work was done.
(2) The amount due for the service.
(3) The particular crops covered by the lien.
(4) The place where the crops are located.
(5) The date on which the work was done.
(d) The notice required in subsection (c) must be filed not laterthan:
(1) thirty (30) days after the completion of the work, if the workwas plowing, disking, or cultivating; and
(2) ten (10) days after the completion of the work if the workwas combining, baling, or picking.
(e) If the party for whom the work was done desires to sell ordeliver the crops, the party must notify the consignee or purchaserthat the account for service of the machine has not been paid, and thelien given on the crops shifts from the crops to the purchase price ofthe crops in the hands of the purchaser or consignee specified.
(f) If the crops are sold or consigned with the consent andknowledge of the party entitled to a lien on the crops, the lien doesnot attach to the crops or to the purchase price of the crops unless:
(1) the party entitled to the lien personally notifies thepurchaser of the lien; and
(2) the sale is made within the ten (10) day period immediatelyfollowing the date of the performance of the work.
This lien may be enforced as other liens are enforced.
As added by P.L.2-2002, SEC.18.
IC 32-33-12-2
Necessity of notice
Sec. 2. A lien provided for in this chapter does not attach to cropsin the hands of an innocent purchaser or dealer in the usual course of
trade unless all of the notices provided for in section 1 of this chapterhave been given.
As added by P.L.2-2002, SEC.18.