CHAPTER 3. CLEANING LIEN FOR SERVICES ON AND STORAGE OF CLOTHING AND HOUSEHOLD GOODS
IC 32-33-3
Chapter 3. Cleaning Lien for Services on and Storage of Clothingand Household Goods
IC 32-33-3-1
Persons subject to lien; sale to pay charges
Sec. 1. (a) A person doing any cleaning, glazing, washing,alteration, repair, or furnishing any materials or supplies for or uponany garment, clothing, wearing apparel, or household goods has alien on the item for the reasonable value of the unpaid work, labor ormaterial, and supplies used. The lien may be foreclosed in themanner provided by this chapter if at the time of receiving theclothing, garment, wearing apparel, or household goods a writtenreceipt is given to the person or customer leaving the item.
(b) Any garment, clothing, wearing apparel, or household goodsremaining in the possession of a person, firm, partnership, limitedliability company, or corporation:
(1) on which cleaning, pressing, glazing, or washing has beendone; or
(2) upon which alterations or repairs have been made, or onwhich materials or supplies have been used or furnished;
for a period of at least ninety (90) days after the cleaning, pressing,glazing, or washing has been done, the alterations or repairs havebeen made, or the materials or supplies have been used or furnishedmay be sold to pay the reasonable or agreed charges and the costs ofnotifying the owner or owners. However, the person, firm,partnership, limited liability company, or corporation to whom thecharges are payable and owing must first notify the owner or ownersof the time and place of the sale.
(c) Property that is to be placed in storage after any of the servicesor labors referred to in subsection (a) or (b) is not affected by thissection.
As added by P.L.2-2002, SEC.18.
IC 32-33-3-2
Sale to pay storage charges
Sec. 2. (a) This section does not apply to persons, firms,partnerships, limited liability companies, or corporations operatingas warehouses or warehousemen.
(b) All garments, clothing, wearing apparel, or household goods:
(1) that are placed in storage; or
(2) on which any of the services or labors mentioned in section1 of this chapter have been performed and that have then beenplaced in storage by agreement;
and that remain in the possession of a person, firm, partnership,limited liability company, or corporation without the reasonable oragreed charges having been paid for a period of ninety (90) days maybe sold to pay the charges if the person, firm, partnership, limitedliability company, or corporation to whom the charges are payablefirst notifies the owner or owners of the items placed in storage of
the time and place of sale.
As added by P.L.2-2002, SEC.18.
IC 32-33-3-3
Mailing letter constituting notice
Sec. 3. The mailing of a letter that has a return address, that isaddressed to the owner at the owner's address given at the time ofdelivery of the article to a person, firm, partnership, limited liabilitycompany, or corporation to render any of the services or labors setforth in section 1 of this chapter, and that states the time and place ofsale constitutes notice for the purposes of section 2 of this chapter.The notice must be given at least thirty (30) days before the date ofsale. The cost of posting or mailing letters under this section shall beadded to the charges.
As added by P.L.2-2002, SEC.18.
IC 32-33-3-4
Proceeds of sale to pay service or storage charges
Sec. 4. The person, firm, partnership, limited liability company,or corporation to whom the charges are payable shall:
(1) from the proceeds of sale, deduct the charges due plus thecosts of notifying the owner;
(2) hold the over-plus, if any, subject to the order of the owner;
(3) immediately after the sale mail to the owner at the owner'saddress, if known, a notice of the sale and the amount ofover-plus, if any, due the owner; and
(4) at any time within twelve (12) months after the sale, upondemand by the owner, pay to the owner the sums or over-plus.
As added by P.L.2-2002, SEC.18.
IC 32-33-3-5
Posting notice of sale
Sec. 5. All persons, firms, partnerships, limited liabilitycompanies, or corporations taking advantage of this chapter mustkeep posted in a prominent place in their receiving office at all timestwo (2) notices that must read as follows:
"All articles cleaned, pressed, glazed, laundered, washed,altered, or repaired and not called for in ninety (90) days shallbe sold to pay charges," and "If any articles are stored byagreement and the charges are not paid for ninety (90) days, thearticles shall be sold to pay charges."
As added by P.L.2-2002, SEC.18.