CHAPTER 9. MECHANIC'S AND TRADESMAN'S LIENS
IC 32-33-9
Chapter 9. Mechanic's and Tradesman's Liens
IC 32-33-9-1
Sale of property to satisfy unpaid charges
Sec. 1. If a person entrusts to a mechanic or tradesman materialsto construct, alter, or repair an article of value, the mechanic ortradesman, if the construction, alteration, or repair is completed andnot taken away and the mechanic's or tradesman's fair and reasonablecharges not paid, may, after sixty (60) days after the charges becamedue:
(1) sell the article of value; or
(2) if the article of value is susceptible of division, withoutinjury, may sell as much of the article of value as is necessaryto pay the charges.
As added by P.L.2-2002, SEC.18.
IC 32-33-9-2
Notice of sale
Sec. 2. Before a sale under section 1 of this chapter, the mechanicor tradesman must give notice of the amount due and the time andplace of the sale by mailing a certified or registered letter, returnreceipt requested, to the last known address of the entrusting personor owner at least thirty (30) days before the date of the sale.
As added by P.L.2-2002, SEC.18.
IC 32-33-9-3
Proceeds of sale; disposition
Sec. 3. (a) The proceeds of a sale that takes place under section 1of this chapter, after payment of charges for construction or repairand for giving notice by registered or certified mail, shall be:
(1) returned to the entrusting person or owner if the identity andmailing address of the entrusting person or owner are known;or
(2) deposited with the treasurer of the county in which theconstruction or repair work was performed.
(b) If the entrusting person or owner does not:
(1) claim the article within the thirty (30) days before the dateof the sale;
(2) pay for the construction, alteration, or repair; and
(3) provide reimbursement for the expenses of notification;
the mechanic or tradesman may proceed with the sale according tothe terms of the notice.
As added by P.L.2-2002, SEC.18.
IC 32-33-9-4
Application of law
Sec. 4. Except as provided in section 5 of this chapter, this chapterapplies to all cases of personal property on which the bailee orkeeper has, by law, a lien for any feed or care by the bailee or keeper
provided on the property. However, in cases where the person liabledies before the expiration of sixty (60) days after the chargesaccrued, the sale may not be made until at least sixty (60) days afterthe date of the person's death.
As added by P.L.2-2002, SEC.18.
IC 32-33-9-5
Animals; perishable property; time for disposal of property
Sec. 5. For personal property described in section 4 of thischapter, if the property bailed or kept is:
(1) horses;
(2) cattle;
(3) hogs;
(4) other livestock; or
(5) other property covered in this chapter that is of a perishablenature and will be greatly injured by delay;
the person to whom the charges may be due may, after the expirationof thirty (30) days after the charges become due, proceed to disposeof as much of the property as may be necessary, as provided in thischapter.
As added by P.L.2-2002, SEC.18.
IC 32-33-9-6
Additional compensation taken from proceeds of sale
Sec. 6. Additional compensation for keeping and taking care ofproperty referred to in section 5 of this chapter, if necessarilyincurred, may be taken from the proceeds of sale under section 5 ofthis chapter as part of the charges.
As added by P.L.2-2002, SEC.18.
IC 32-33-9-7
Forwarding and commission merchant
Sec. 7. A forwarding and commission merchant having a lienupon goods that may have remained in store for at least one (1) yearmay proceed to advertise and sell at public auction as much of thegoods as may be necessary to pay the amount of the lien andexpenses, according to the provisions of this chapter.
As added by P.L.2-2002, SEC.18.
IC 32-33-9-8
Receipt for entrusted articles
Sec. 8. All mechanics, tradesmen, or bailees taking advantage ofthis chapter, at the time of the entrusting, must issue a receipt to theperson entrusting the article to them. The receipt must conspicuouslystate, "All articles left on the premises after work is completed maybe sold for charges.".
As added by P.L.2-2002, SEC.18.