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 materials
to construct, alter, or repair an article of value, the mechanic or
tradesman, if the construction, alteration, or repair is completed and
not taken away and the mechanic's or tradesman's fair and reasonable
charges not paid, may, after sixty (60) days after the charges became
due:
(1) sell the article of value; or
(2) if the article of value is susceptible of division, without
injury, may sell as much of the article of value as is necessary
to 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 mechanic
or tradesman must give notice of the amount due and the time and
place of the sale by mailing a certified or registered letter, return
receipt requested, to the last known address of the entrusting person
or 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 1
of this chapter, after payment of charges for construction or repair
and for giving notice by registered or certified mail, shall be:
(1) returned to the entrusting person or owner if the identity and
mailing address of the entrusting person or owner are known;
or
(2) deposited with the treasurer of the county in which the
construction 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 date
of 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 to
the 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 chapter
applies to all cases of personal property on which the bailee or
keeper 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 liable
dies before the expiration of sixty (60) days after the charges
accrued, the sale may not be made until at least sixty (60) days after
the 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 this
chapter, 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 perishable
nature and will be greatly injured by delay;
the person to whom the charges may be due may, after the expiration
of thirty (30) days after the charges become due, proceed to dispose
of as much of the property as may be necessary, as provided in this
chapter. 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 of
property referred to in section 5 of this chapter, if necessarily
incurred, may be taken from the proceeds of sale under section 5 of
this 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 lien
upon goods that may have remained in store for at least one (1) year
may proceed to advertise and sell at public auction as much of the
goods as may be necessary to pay the amount of the lien and
expenses, 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 of
this chapter, at the time of the entrusting, must issue a receipt to the
person entrusting the article to them. The receipt must conspicuously
state, "All articles left on the premises after work is completed may
be sold for charges.". As added by P.L.2-2002, SEC.18.
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 materials
to construct, alter, or repair an article of value, the mechanic or
tradesman, if the construction, alteration, or repair is completed and
not taken away and the mechanic's or tradesman's fair and reasonable
charges not paid, may, after sixty (60) days after the charges became
due:
(1) sell the article of value; or
(2) if the article of value is susceptible of division, without
injury, may sell as much of the article of value as is necessary
to 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 mechanic
or tradesman must give notice of the amount due and the time and
place of the sale by mailing a certified or registered letter, return
receipt requested, to the last known address of the entrusting person
or 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 1
of this chapter, after payment of charges for construction or repair
and for giving notice by registered or certified mail, shall be:
(1) returned to the entrusting person or owner if the identity and
mailing address of the entrusting person or owner are known;
or
(2) deposited with the treasurer of the county in which the
construction 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 date
of 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 to
the 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 chapter
applies to all cases of personal property on which the bailee or
keeper 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 liable
dies before the expiration of sixty (60) days after the charges
accrued, the sale may not be made until at least sixty (60) days after
the 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 this
chapter, 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 perishable
nature and will be greatly injured by delay;
the person to whom the charges may be due may, after the expiration
of thirty (30) days after the charges become due, proceed to dispose
of as much of the property as may be necessary, as provided in this
chapter. 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 of
property referred to in section 5 of this chapter, if necessarily
incurred, may be taken from the proceeds of sale under section 5 of
this 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 lien
upon goods that may have remained in store for at least one (1) year
may proceed to advertise and sell at public auction as much of the
goods as may be necessary to pay the amount of the lien and
expenses, 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 of
this chapter, at the time of the entrusting, must issue a receipt to the
person entrusting the article to them. The receipt must conspicuously
state, "All articles left on the premises after work is completed may
be sold for charges.". As added by P.L.2-2002, SEC.18.
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 materials
to construct, alter, or repair an article of value, the mechanic or
tradesman, if the construction, alteration, or repair is completed and
not taken away and the mechanic's or tradesman's fair and reasonable
charges not paid, may, after sixty (60) days after the charges became
due:
(1) sell the article of value; or
(2) if the article of value is susceptible of division, without
injury, may sell as much of the article of value as is necessary
to 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 mechanic
or tradesman must give notice of the amount due and the time and
place of the sale by mailing a certified or registered letter, return
receipt requested, to the last known address of the entrusting person
or 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 1
of this chapter, after payment of charges for construction or repair
and for giving notice by registered or certified mail, shall be:
(1) returned to the entrusting person or owner if the identity and
mailing address of the entrusting person or owner are known;
or
(2) deposited with the treasurer of the county in which the
construction 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 date
of 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 to
the 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 chapter
applies to all cases of personal property on which the bailee or
keeper 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 liable
dies before the expiration of sixty (60) days after the charges
accrued, the sale may not be made until at least sixty (60) days after
the 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 this
chapter, 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 perishable
nature and will be greatly injured by delay;
the person to whom the charges may be due may, after the expiration
of thirty (30) days after the charges become due, proceed to dispose
of as much of the property as may be necessary, as provided in this
chapter. 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 of
property referred to in section 5 of this chapter, if necessarily
incurred, may be taken from the proceeds of sale under section 5 of
this 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 lien
upon goods that may have remained in store for at least one (1) year
may proceed to advertise and sell at public auction as much of the
goods as may be necessary to pay the amount of the lien and
expenses, 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 of
this chapter, at the time of the entrusting, must issue a receipt to the
person entrusting the article to them. The receipt must conspicuously
state, "All articles left on the premises after work is completed may
be sold for charges.". As added by P.L.2-2002, SEC.18.
