IC 32-33-16
    Chapter 16. Liens on Dies, Molds, Forms, and Patterns

IC 32-33-16-0.5
Application
    Sec. 0.5. This chapter does not apply to a special tool underIC 32-33-20.
As added by P.L.73-2009, SEC.3.

IC 32-33-16-1
"Customer" defined
    Sec. 1. As used in this chapter, "customer" means any individualor entity who contracts with or causes a fabricator to use a die, mold,form, jig, or pattern to manufacture, assemble, or otherwise make aproduct.
As added by P.L.2-2002, SEC.18.

IC 32-33-16-2
"Fabricator" defined
    Sec. 2. As used in this chapter, "fabricator" means any individualor entity, including a tool or die maker, who:
        (1) manufactures or causes to be manufactured, assembles, orimproves a die, mold, form, jig, or pattern for a customer; or
        (2) uses or contracts to use a die, mold, form, jig, or pattern tomanufacture, assemble, or otherwise make a product for acustomer.
As added by P.L.2-2002, SEC.18.

IC 32-33-16-3
Lien; right to possession
    Sec. 3. (a) A fabricator has a lien, dependent on possession, onany die, mold, form, jig, or pattern in the fabricator's possessionbelonging to the customer for the amount due the fabricator from thecustomer for fabrication work performed with the die, mold, form,jig, or pattern.
    (b) A fabricator may retain possession of the die, mold, form, jig,or pattern until the amount due is paid.
As added by P.L.2-2002, SEC.18.

IC 32-33-16-4
Notice to enforce lien
    Sec. 4. (a) Before enforcing a lien under this chapter, notice inwriting must be given to the customer, whether delivered personallyor sent by certified mail to the last known address of the customer.
    (b) The notice required under subsection (a) must:
        (1) state that a lien is claimed for the damages set forth orattached for the amount due for fabrication work or for makingor improving the die, mold, form, jig, or pattern; and
        (2) include a demand for payment.
As added by P.L.2-2002, SEC.18.
IC 32-33-16-5
Sale of die, mold, form, jig, or pattern at auction
    Sec. 5. If the lienholder has not been paid the amount due withinsixty (60) days after the notice provided for in section 4 of thischapter, the lienholder may sell the die, mold, form, jig, or pattern atauction if:
        (1) the die, mold, form, jig, or pattern is still in the lienholder'spossession; and
        (2) the lienholder complies with section 6 of this chapter.
As added by P.L.2-2002, SEC.18.

IC 32-33-16-6
Notice to customer and persons having perfected security interests
    Sec. 6. (a) Before a lienholder may sell the die, mold, form, jig, orpattern, the lienholder must, in writing, by certified mail, returnreceipt requested, notify the customer and any person whose securityinterest is perfected by filing of the following:
        (1) The lienholder's intention to sell the die, mold, form, jig, orpattern thirty (30) days after the customer's receipt of the notice.
        (2) A description of the die, mold, form, jig, or pattern to besold.
        (3) The time and place of the sale.
        (4) An itemized statement for the amount due.
    (b) If upon receipt of this notice the customer informs thelienholder in writing of the customer's objections regarding theamount due, the lienholder may file a complaint to foreclose the lien.
    (c) If there is no return of the receipt of mailing, or if the postalservice returns the notice as being nondeliverable, the lienholdermust publish notice of the lienholder's intention to sell the die, mold,form, jig, or pattern in a newspaper of general circulation in thecounty where the die, mold, form, jig, or pattern is being held for saleby the lienholder. The notice must include a description of the die,mold, form, jig, or pattern and the name of the customer.
As added by P.L.2-2002, SEC.18.

IC 32-33-16-7
Disbursement of excess
    Sec. 7. If the sale is for a sum greater than the amount of the lienplus all reasonable expenses of the sale, any excess shall be paid tothe customer and any prior lienholder.
As added by P.L.2-2002, SEC.18.

IC 32-33-16-8
Sales in violation of federal patent or copyright law prohibited
    Sec. 8. A sale may not be made under this chapter if the salewould be in violation of any right of a customer under federal patentor copyright law.
As added by P.L.2-2002, SEC.18.

IC 32-33-16-9 Actions for replevin not barred
    Sec. 9. This chapter does not bar a customer from bringing actionfor replevin under IC 32-35-2.
As added by P.L.2-2002, SEC.18.