IC 9-22-5-1 Officers authorized to act for their units of government
Sec. 1. The following officers may act for their respective units of
government under this chapter:
(1) The sheriff, for a county.
(2) The chief of police, for a city.
(3) A town marshal, for a town.
(4) A township trustee, for a township.
(5) A state police officer, for the state. As added by P.L.2-1991, SEC.10.
IC 9-22-5-2 Application for authority to dispose of vehicle for scrap metal
Sec. 2. A:
(1) person, firm, corporation, limited liability company, or unit
of government upon whose property or in whose possession is
found an abandoned motor vehicle; or
(2) person who owns a motor vehicle that has a title that is
faulty, lost, or destroyed;
may apply to the sheriff of the county in which the motor vehicle is
located for authority to sell, give away, or dispose of the motor
vehicle for scrap metal. As added by P.L.2-1991, SEC.10. Amended by P.L.8-1993, SEC.173.
IC 9-22-5-3 Application form; duplicate form; filing with bureau; retention by
sheriff
Sec. 3. The application required under section 2 of this chapter
shall be made in duplicate upon forms prescribed and furnished by
the bureau. One (1) copy of the application shall be filed with the
bureau and one (1) copy of the application shall be retained by the
sheriff. As added by P.L.2-1991, SEC.10.
IC 9-22-5-4 Application; required information; affidavit
Sec. 4. (a) The application required under section 2 of this chapter
must include the following information:
(1) The name and address of the applicant.
(2) The year, make, model, and engine number of the motor
vehicle, if ascertainable, together with any other identifying
features.
(3) A concise statement of the facts surrounding the
abandonment of the motor vehicle, that the title of the motor
vehicle is lost or destroyed, or the reasons for the defect of title
in the owner of the motor vehicle.
(b) The person making the application required under section 2 of
this chapter shall execute an affidavit stating that the facts alleged in
the application are true and that no material fact has been withheld. As added by P.L.2-1991, SEC.10.
IC 9-22-5-5 Examination by sheriff of application; sheriff's notice; posting,
publication, and mailing of notice
Sec. 5. (a) The sheriff shall examine each application made under
section 2 of this chapter. If the sheriff finds that the application:
(1) is executed in proper form; and
(2) shows that the motor vehicle described in the application
has been abandoned upon the property of the person making the
application or that the person making the application is the
person who owns the motor vehicle;
the sheriff shall prepare a written notice.
(b) The notice required under subsection (a) must include the
following information:
(1) The name and address of the applicant.
(2) The year, make, model, and engine number of the motor
vehicle, if ascertainable, together with any other identifying
features of the motor vehicle.
(3) That the motor vehicle has been abandoned, that the title to
the motor vehicle is lost or destroyed, or that there is a defect of
the title in the person who owns the motor vehicle.
(4) That the motor vehicle will be sold for scrap metal unless a
claim or protest is made.
(c) The sheriff shall, within five (5) days after receiving an
application required under section 2 of this chapter, cause the notice
required under subsection (a) to be distributed as follows:
(1) Posted at the door of the courthouse for a period of thirty
(30) days before sale.
(2) Published once in a newspaper of general circulation of the
county in which the motor vehicle is located at least thirty (30)
days before sale.
(3) Sent to the last person who owned the motor vehicle, if
known. As added by P.L.2-1991, SEC.10.
IC 9-22-5-6 Claim made by vehicle owner before sale; return of vehicle; costs
Sec. 6. If an abandoned motor vehicle for which an application for
sale under this chapter has been filed is claimed by the person who
owns the motor vehicle before the sale occurs and the person
provides satisfactory evidence of ownership to the sheriff, the motor
vehicle shall be returned to the person upon payment by the person
of the costs of preserving the motor vehicle during the period of
abandonment, together with the costs of publication of notice. As added by P.L.2-1991, SEC.10.
IC 9-22-5-7 Issuance of certificate of authority to sell vehicle for scrap metal;
authorization to accept certificate of authority as substitute for
certificate of title
Sec. 7. If a claim or protest is not made before sale, the person
who filed the application required under section 2 of this chapter
shall, upon payment of the costs of publication of notice, be given a
certificate of authority to sell the motor vehicle to a licensed junk
dealer or an established automobile wrecker for scrap metal. The
licensed junk dealer or established automobile wrecker shall accept
the sheriff's certificate of authority instead of the certificate of title
to the motor vehicle. As added by P.L.2-1991, SEC.10.
IC 9-22-5-8 Certificate of authority; form; copies; required information
Sec. 8. The certificate of authority required under section 7 of this
chapter shall be made in triplicate on forms prescribed and furnished
by the bureau. The certificate of authority must contain the following
information:
(1) The name and address of the person who filed the
application required under section 2 of this chapter.
(2) The year, make, model, and engine number, if ascertainable,
together with any other identifying features of the motor vehicle
that has been authorized to be sold for scrap metal. As added by P.L.2-1991, SEC.10.
IC 9-22-5-9 Certificate of authority; copies; retention by sheriff; filing with
bureau
Sec. 9. The sheriff shall retain one (1) copy of the certificate of
authority required under section 7 of this chapter. The sheriff shall
send one (1) copy of the certificate of authority to the bureau. As added by P.L.2-1991, SEC.10.
IC 9-22-5-10 Certificate of title not issuable after delivery to bureau of
certificate of authority to sell vehicle for scrap metal
Sec. 10. After a certificate of authority required under section 7
of this chapter has been delivered to the bureau under section 9 of
this chapter, a certificate of title may not be issued for the motor
vehicle described in the certificate of authority. As added by P.L.2-1991, SEC.10.
IC 9-22-5-11 Application and certificate of authority; fees
Sec. 11. A fee may not be charged for the filing of an application
under section 2 of this chapter or for the issuance of a certificate of
authority under section 7 of this chapter. As added by P.L.2-1991, SEC.10. IC 9-22-5-12 Proceeds from sale of vehicle for scrap metal; sales under this
chapter by owners of vehicles having faulty, lost, or destroyed titles
Sec. 12. The person who:
(1) owns a motor vehicle that has a title that is faulty, lost, or
destroyed; and
(2) sells the motor vehicle under this chapter;
may retain the proceeds of the sale for the person's use and benefit. As added by P.L.2-1991, SEC.10.
IC 9-22-5-13 Sales by persons other than owners; proceeds; payment to circuit
court clerk; claim by vehicle owner; escheat to state general fund
Sec. 13. (a) A person not described in section 12 of this chapter
who sells an abandoned motor vehicle under this chapter may retain
from the proceeds of sale the cost of publication of notice and the
cost of preserving the motor vehicle during the period of the vehicle's
abandonment. The person shall pay the remaining balance of the
proceeds of the sale to the circuit court clerk of the county in which
the abandoned motor vehicle is located.
(b) At any time within ten (10) years after the money is paid to the
clerk, the person who owns the abandoned motor vehicle sold under
this chapter may make a claim with the clerk for the sale proceeds
deposited with the clerk. If ownership of the proceeds is established
to the satisfaction of the clerk, the clerk shall pay the proceeds to the
person who owns the abandoned motor vehicle.
(c) If a claim for the proceeds of the sale of an abandoned motor
vehicle under subsection (b) is not made within ten (10) years, claims
for the proceeds are barred. The clerk shall notify the attorney
general and upon demand pay the proceeds to the attorney general.
The attorney general shall turn the proceeds over to the treasurer of
state. The proceeds vest in and escheat to the state general fund. As added by P.L.2-1991, SEC.10. Amended by P.L.246-2005,
SEC.87.
IC 9-22-5-14 Storing, furnishing supplies for, or repairing vehicles; duty to
obtain name and address of owner; record book; inspection by
police officers of record book
Sec. 14. (a) An individual, a firm, a limited liability company, or
a corporation engaged in the business of storing, furnishing supplies
for, or repairing motor vehicles, trailers, semitrailers, or recreational
vehicles shall obtain the name and address of the person who owns
a motor vehicle, trailer, semitrailer, or recreational vehicle that is left
in the custody of the individual, firm, limited liability company, or
corporation for storage, furnishing of supplies, or repairs at the time
the motor vehicle is left.
(b) The individual, firm, limited liability company, or corporation
shall record in a book the following information concerning the
motor vehicle:
(1) The name and address of the person who owns the motor
vehicle.
(2) The license number of the motor vehicle.
(3) The date on which the motor vehicle was left.
(c) The book shall be provided and kept by the individual, firm,
limited liability company, or corporation and shall be open for
inspection by an authorized police officer of the state or of a city or
town or by the county sheriff.
(d) If a motor vehicle, trailer, semitrailer, or recreational vehicle
is stored by the week or by the month, only one (1) entry on the book
is required for the period of time during which the motor vehicle is
stored. As added by P.L.2-1991, SEC.10. Amended by P.L.8-1993, SEC.174.
IC 9-22-5-15 Lien for labor on, materials for, storage of, towing of, or repair of
vehicle; sale of vehicle to satisfy lien
Sec. 15. (a) An individual, a firm, a limited liability company, or
a corporation that performs labor, furnishes materials or storage, or
does repair work on a motor vehicle, trailer, semitrailer, or
recreational vehicle at the request of the person who owns the
vehicle has a lien on the vehicle to the reasonable value of the
charges for the labor, materials, storage, or repairs.
(b) An individual, a firm, a partnership, a limited liability
company, or a corporation that provides towing services for a motor
vehicle, trailer, semitrailer, or recreational vehicle:
(1) at the request of the person who owns the motor vehicle,
trailer, semitrailer, or recreational vehicle;
(2) at the request of an individual, a firm, a partnership, a
limited liability company, or a corporation on whose property
an abandoned motor vehicle, trailer, semitrailer, or recreational
vehicle is located; or
(3) in accordance with IC 9-22-1;
has a lien on the vehicle for the reasonable value of the charges for
the towing services and other related costs. An individual, a firm, a
partnership, a limited liability company, or a corporation that obtains
a lien for an abandoned vehicle under subdivision (2) must comply
with IC 9-22-1-4, IC 9-22-1-16, IC 9-22-1-17, and IC 9-22-1-19.
(c) If:
(1) the charges made under subsection (a) or (b) are not paid;
and
(2) the motor vehicle, trailer, semitrailer, or recreational vehicle
is not claimed;
within thirty (30) days from the date on which the vehicle was left in
or came into the possession of the individual, firm, limited liability
company, or corporation for repairs, storage, towing, or the
furnishing of materials, the individual, firm, limited liability
company, or corporation may advertise the vehicle for sale. The
vehicle may not be sold before fifteen (15) days after the date the
advertisement required by subsection (d) has been placed or after
notice required by subsection (e) has been sent, whichever is later.
(d) Before a vehicle may be sold under subsection (c), an
advertisement must be placed in a newspaper of general circulation
printed in the English language in the city or town in which the
lienholder's place of business is located. The advertisement must
contain at least the following information:
(1) A description of the vehicle, including make, type, and
manufacturer's identification number.
(2) The amount of the unpaid charges.
(3) The time, place, and date of the sale.
(e) In addition to the advertisement required under subsection (d),
the person who holds the mechanic's lien must:
(1) notify the person who owns the vehicle and any other person
who holds a lien of record at the person's last known address by
certified mail, return receipt requested; or
(2) if the vehicle is an abandoned motor vehicle, provide notice
as required under subdivision (1) if the location of the owner of
the motor vehicle or a lienholder of record is determined by the
bureau in a search under IC 9-22-1-19;
that the vehicle will be sold at public auction on a specified date to
satisfy the lien imposed by this section.
(f) A person who holds a lien of record on a vehicle subject to sale
under this section may pay the storage, repair, towing, or service
charges due. If the person who holds the lien of record elects to pay
the charges due, the person is entitled to possession of the vehicle
and becomes the holder of the mechanic's lien imposed by this
section.
(g) If the person who owns a vehicle subject to sale under this
section does not claim the vehicle and satisfy the lien on the vehicle,
the vehicle may be sold at public auction to the highest and best
bidder for cash. A person who holds a mechanic's lien under this
section may purchase a vehicle subject to sale under this section.
(h) A person who holds a mechanic's lien under this section may
deduct and retain the amount of the lien and the cost of the
advertisement required under subsection (d) from the purchase price
received for a vehicle sold under this section. After deducting from
the purchase price the amount of the lien and the cost of the
advertisement, the person shall pay the surplus of the purchase price
to the person who owns the vehicle if the person's address or
whereabouts is known. If the address or whereabouts of the person
who owns the vehicle is not known, the surplus of the purchase price
shall be paid over to the clerk of the circuit court of the county in
which the person who holds the mechanic's lien has a place of
business for the use and benefit of the person who owns the vehicle.
(i) A person who holds a mechanic's lien under this section shall
execute and deliver to the purchaser of a vehicle under this section
a sales certificate in the form designated by the bureau, setting forth
the following information:
(1) The facts of the sale.
(2) The vehicle identification number.
(3) The certificate of title if available.
(4) A certificate from the newspaper showing that the
advertisement was made as required under subsection (d).
Whenever the bureau receives from the purchaser an application for
certificate of title accompanied by these items, the bureau shall issue
a certificate of title for the vehicle under IC 9-17. As added by P.L.2-1991, SEC.10. Amended by P.L.8-1993, SEC.175;
P.L.104-2005, SEC.9; P.L.191-2007, SEC.19.
IC 9-22-5-16 Sales by dealers of rebuilt vehicles; disclosures
Sec. 16. (a) This section does not apply to a person who sells,
exchanges, or transfers golf carts.
(b) A seller that is:
(1) a dealer; or
(2) another person who sells, exchanges, or transfers at least
five (5) vehicles each year;
may not sell, exchange, or transfer a rebuilt vehicle without
disclosing in writing to the purchaser, customer, or transferee, before
consummating the sale, exchange, or transfer, the fact that the
vehicle is a rebuilt vehicle if the dealer or other person knows or
should reasonably know the vehicle is a rebuilt vehicle. As added by P.L.2-1991, SEC.10. Amended by P.L.150-2009,
SEC.17.
IC 9-22-5-17 Reckless violation of lien or vehicle owner identification
provisions; classification
Sec. 17. A person who recklessly violates section 14 or 15 of this
chapter commits a Class A misdemeanor. As added by P.L.2-1991, SEC.10.
IC 9-22-5-1 Officers authorized to act for their units of government
Sec. 1. The following officers may act for their respective units of
government under this chapter:
(1) The sheriff, for a county.
(2) The chief of police, for a city.
(3) A town marshal, for a town.
(4) A township trustee, for a township.
(5) A state police officer, for the state. As added by P.L.2-1991, SEC.10.
IC 9-22-5-2 Application for authority to dispose of vehicle for scrap metal
Sec. 2. A:
(1) person, firm, corporation, limited liability company, or unit
of government upon whose property or in whose possession is
found an abandoned motor vehicle; or
(2) person who owns a motor vehicle that has a title that is
faulty, lost, or destroyed;
may apply to the sheriff of the county in which the motor vehicle is
located for authority to sell, give away, or dispose of the motor
vehicle for scrap metal. As added by P.L.2-1991, SEC.10. Amended by P.L.8-1993, SEC.173.
IC 9-22-5-3 Application form; duplicate form; filing with bureau; retention by
sheriff
Sec. 3. The application required under section 2 of this chapter
shall be made in duplicate upon forms prescribed and furnished by
the bureau. One (1) copy of the application shall be filed with the
bureau and one (1) copy of the application shall be retained by the
sheriff. As added by P.L.2-1991, SEC.10.
IC 9-22-5-4 Application; required information; affidavit
Sec. 4. (a) The application required under section 2 of this chapter
must include the following information:
(1) The name and address of the applicant.
(2) The year, make, model, and engine number of the motor
vehicle, if ascertainable, together with any other identifying
features.
(3) A concise statement of the facts surrounding the
abandonment of the motor vehicle, that the title of the motor
vehicle is lost or destroyed, or the reasons for the defect of title
in the owner of the motor vehicle.
(b) The person making the application required under section 2 of
this chapter shall execute an affidavit stating that the facts alleged in
the application are true and that no material fact has been withheld. As added by P.L.2-1991, SEC.10.
IC 9-22-5-5 Examination by sheriff of application; sheriff's notice; posting,
publication, and mailing of notice
Sec. 5. (a) The sheriff shall examine each application made under
section 2 of this chapter. If the sheriff finds that the application:
(1) is executed in proper form; and
(2) shows that the motor vehicle described in the application
has been abandoned upon the property of the person making the
application or that the person making the application is the
person who owns the motor vehicle;
the sheriff shall prepare a written notice.
(b) The notice required under subsection (a) must include the
following information:
(1) The name and address of the applicant.
(2) The year, make, model, and engine number of the motor
vehicle, if ascertainable, together with any other identifying
features of the motor vehicle.
(3) That the motor vehicle has been abandoned, that the title to
the motor vehicle is lost or destroyed, or that there is a defect of
the title in the person who owns the motor vehicle.
(4) That the motor vehicle will be sold for scrap metal unless a
claim or protest is made.
(c) The sheriff shall, within five (5) days after receiving an
application required under section 2 of this chapter, cause the notice
required under subsection (a) to be distributed as follows:
(1) Posted at the door of the courthouse for a period of thirty
(30) days before sale.
(2) Published once in a newspaper of general circulation of the
county in which the motor vehicle is located at least thirty (30)
days before sale.
(3) Sent to the last person who owned the motor vehicle, if
known. As added by P.L.2-1991, SEC.10.
IC 9-22-5-6 Claim made by vehicle owner before sale; return of vehicle; costs
Sec. 6. If an abandoned motor vehicle for which an application for
sale under this chapter has been filed is claimed by the person who
owns the motor vehicle before the sale occurs and the person
provides satisfactory evidence of ownership to the sheriff, the motor
vehicle shall be returned to the person upon payment by the person
of the costs of preserving the motor vehicle during the period of
abandonment, together with the costs of publication of notice. As added by P.L.2-1991, SEC.10.
IC 9-22-5-7 Issuance of certificate of authority to sell vehicle for scrap metal;
authorization to accept certificate of authority as substitute for
certificate of title
Sec. 7. If a claim or protest is not made before sale, the person
who filed the application required under section 2 of this chapter
shall, upon payment of the costs of publication of notice, be given a
certificate of authority to sell the motor vehicle to a licensed junk
dealer or an established automobile wrecker for scrap metal. The
licensed junk dealer or established automobile wrecker shall accept
the sheriff's certificate of authority instead of the certificate of title
to the motor vehicle. As added by P.L.2-1991, SEC.10.
IC 9-22-5-8 Certificate of authority; form; copies; required information
Sec. 8. The certificate of authority required under section 7 of this
chapter shall be made in triplicate on forms prescribed and furnished
by the bureau. The certificate of authority must contain the following
information:
(1) The name and address of the person who filed the
application required under section 2 of this chapter.
(2) The year, make, model, and engine number, if ascertainable,
together with any other identifying features of the motor vehicle
that has been authorized to be sold for scrap metal. As added by P.L.2-1991, SEC.10.
IC 9-22-5-9 Certificate of authority; copies; retention by sheriff; filing with
bureau
Sec. 9. The sheriff shall retain one (1) copy of the certificate of
authority required under section 7 of this chapter. The sheriff shall
send one (1) copy of the certificate of authority to the bureau. As added by P.L.2-1991, SEC.10.
IC 9-22-5-10 Certificate of title not issuable after delivery to bureau of
certificate of authority to sell vehicle for scrap metal
Sec. 10. After a certificate of authority required under section 7
of this chapter has been delivered to the bureau under section 9 of
this chapter, a certificate of title may not be issued for the motor
vehicle described in the certificate of authority. As added by P.L.2-1991, SEC.10.
IC 9-22-5-11 Application and certificate of authority; fees
Sec. 11. A fee may not be charged for the filing of an application
under section 2 of this chapter or for the issuance of a certificate of
authority under section 7 of this chapter. As added by P.L.2-1991, SEC.10. IC 9-22-5-12 Proceeds from sale of vehicle for scrap metal; sales under this
chapter by owners of vehicles having faulty, lost, or destroyed titles
Sec. 12. The person who:
(1) owns a motor vehicle that has a title that is faulty, lost, or
destroyed; and
(2) sells the motor vehicle under this chapter;
may retain the proceeds of the sale for the person's use and benefit. As added by P.L.2-1991, SEC.10.
IC 9-22-5-13 Sales by persons other than owners; proceeds; payment to circuit
court clerk; claim by vehicle owner; escheat to state general fund
Sec. 13. (a) A person not described in section 12 of this chapter
who sells an abandoned motor vehicle under this chapter may retain
from the proceeds of sale the cost of publication of notice and the
cost of preserving the motor vehicle during the period of the vehicle's
abandonment. The person shall pay the remaining balance of the
proceeds of the sale to the circuit court clerk of the county in which
the abandoned motor vehicle is located.
(b) At any time within ten (10) years after the money is paid to the
clerk, the person who owns the abandoned motor vehicle sold under
this chapter may make a claim with the clerk for the sale proceeds
deposited with the clerk. If ownership of the proceeds is established
to the satisfaction of the clerk, the clerk shall pay the proceeds to the
person who owns the abandoned motor vehicle.
(c) If a claim for the proceeds of the sale of an abandoned motor
vehicle under subsection (b) is not made within ten (10) years, claims
for the proceeds are barred. The clerk shall notify the attorney
general and upon demand pay the proceeds to the attorney general.
The attorney general shall turn the proceeds over to the treasurer of
state. The proceeds vest in and escheat to the state general fund. As added by P.L.2-1991, SEC.10. Amended by P.L.246-2005,
SEC.87.
IC 9-22-5-14 Storing, furnishing supplies for, or repairing vehicles; duty to
obtain name and address of owner; record book; inspection by
police officers of record book
Sec. 14. (a) An individual, a firm, a limited liability company, or
a corporation engaged in the business of storing, furnishing supplies
for, or repairing motor vehicles, trailers, semitrailers, or recreational
vehicles shall obtain the name and address of the person who owns
a motor vehicle, trailer, semitrailer, or recreational vehicle that is left
in the custody of the individual, firm, limited liability company, or
corporation for storage, furnishing of supplies, or repairs at the time
the motor vehicle is left.
(b) The individual, firm, limited liability company, or corporation
shall record in a book the following information concerning the
motor vehicle:
(1) The name and address of the person who owns the motor
vehicle.
(2) The license number of the motor vehicle.
(3) The date on which the motor vehicle was left.
(c) The book shall be provided and kept by the individual, firm,
limited liability company, or corporation and shall be open for
inspection by an authorized police officer of the state or of a city or
town or by the county sheriff.
(d) If a motor vehicle, trailer, semitrailer, or recreational vehicle
is stored by the week or by the month, only one (1) entry on the book
is required for the period of time during which the motor vehicle is
stored. As added by P.L.2-1991, SEC.10. Amended by P.L.8-1993, SEC.174.
IC 9-22-5-15 Lien for labor on, materials for, storage of, towing of, or repair of
vehicle; sale of vehicle to satisfy lien
Sec. 15. (a) An individual, a firm, a limited liability company, or
a corporation that performs labor, furnishes materials or storage, or
does repair work on a motor vehicle, trailer, semitrailer, or
recreational vehicle at the request of the person who owns the
vehicle has a lien on the vehicle to the reasonable value of the
charges for the labor, materials, storage, or repairs.
(b) An individual, a firm, a partnership, a limited liability
company, or a corporation that provides towing services for a motor
vehicle, trailer, semitrailer, or recreational vehicle:
(1) at the request of the person who owns the motor vehicle,
trailer, semitrailer, or recreational vehicle;
(2) at the request of an individual, a firm, a partnership, a
limited liability company, or a corporation on whose property
an abandoned motor vehicle, trailer, semitrailer, or recreational
vehicle is located; or
(3) in accordance with IC 9-22-1;
has a lien on the vehicle for the reasonable value of the charges for
the towing services and other related costs. An individual, a firm, a
partnership, a limited liability company, or a corporation that obtains
a lien for an abandoned vehicle under subdivision (2) must comply
with IC 9-22-1-4, IC 9-22-1-16, IC 9-22-1-17, and IC 9-22-1-19.
(c) If:
(1) the charges made under subsection (a) or (b) are not paid;
and
(2) the motor vehicle, trailer, semitrailer, or recreational vehicle
is not claimed;
within thirty (30) days from the date on which the vehicle was left in
or came into the possession of the individual, firm, limited liability
company, or corporation for repairs, storage, towing, or the
furnishing of materials, the individual, firm, limited liability
company, or corporation may advertise the vehicle for sale. The
vehicle may not be sold before fifteen (15) days after the date the
advertisement required by subsection (d) has been placed or after
notice required by subsection (e) has been sent, whichever is later.
(d) Before a vehicle may be sold under subsection (c), an
advertisement must be placed in a newspaper of general circulation
printed in the English language in the city or town in which the
lienholder's place of business is located. The advertisement must
contain at least the following information:
(1) A description of the vehicle, including make, type, and
manufacturer's identification number.
(2) The amount of the unpaid charges.
(3) The time, place, and date of the sale.
(e) In addition to the advertisement required under subsection (d),
the person who holds the mechanic's lien must:
(1) notify the person who owns the vehicle and any other person
who holds a lien of record at the person's last known address by
certified mail, return receipt requested; or
(2) if the vehicle is an abandoned motor vehicle, provide notice
as required under subdivision (1) if the location of the owner of
the motor vehicle or a lienholder of record is determined by the
bureau in a search under IC 9-22-1-19;
that the vehicle will be sold at public auction on a specified date to
satisfy the lien imposed by this section.
(f) A person who holds a lien of record on a vehicle subject to sale
under this section may pay the storage, repair, towing, or service
charges due. If the person who holds the lien of record elects to pay
the charges due, the person is entitled to possession of the vehicle
and becomes the holder of the mechanic's lien imposed by this
section.
(g) If the person who owns a vehicle subject to sale under this
section does not claim the vehicle and satisfy the lien on the vehicle,
the vehicle may be sold at public auction to the highest and best
bidder for cash. A person who holds a mechanic's lien under this
section may purchase a vehicle subject to sale under this section.
(h) A person who holds a mechanic's lien under this section may
deduct and retain the amount of the lien and the cost of the
advertisement required under subsection (d) from the purchase price
received for a vehicle sold under this section. After deducting from
the purchase price the amount of the lien and the cost of the
advertisement, the person shall pay the surplus of the purchase price
to the person who owns the vehicle if the person's address or
whereabouts is known. If the address or whereabouts of the person
who owns the vehicle is not known, the surplus of the purchase price
shall be paid over to the clerk of the circuit court of the county in
which the person who holds the mechanic's lien has a place of
business for the use and benefit of the person who owns the vehicle.
(i) A person who holds a mechanic's lien under this section shall
execute and deliver to the purchaser of a vehicle under this section
a sales certificate in the form designated by the bureau, setting forth
the following information:
(1) The facts of the sale.
(2) The vehicle identification number.
(3) The certificate of title if available.
(4) A certificate from the newspaper showing that the
advertisement was made as required under subsection (d).
Whenever the bureau receives from the purchaser an application for
certificate of title accompanied by these items, the bureau shall issue
a certificate of title for the vehicle under IC 9-17. As added by P.L.2-1991, SEC.10. Amended by P.L.8-1993, SEC.175;
P.L.104-2005, SEC.9; P.L.191-2007, SEC.19.
IC 9-22-5-16 Sales by dealers of rebuilt vehicles; disclosures
Sec. 16. (a) This section does not apply to a person who sells,
exchanges, or transfers golf carts.
(b) A seller that is:
(1) a dealer; or
(2) another person who sells, exchanges, or transfers at least
five (5) vehicles each year;
may not sell, exchange, or transfer a rebuilt vehicle without
disclosing in writing to the purchaser, customer, or transferee, before
consummating the sale, exchange, or transfer, the fact that the
vehicle is a rebuilt vehicle if the dealer or other person knows or
should reasonably know the vehicle is a rebuilt vehicle. As added by P.L.2-1991, SEC.10. Amended by P.L.150-2009,
SEC.17.
IC 9-22-5-17 Reckless violation of lien or vehicle owner identification
provisions; classification
Sec. 17. A person who recklessly violates section 14 or 15 of this
chapter commits a Class A misdemeanor. As added by P.L.2-1991, SEC.10.
IC 9-22-5-1 Officers authorized to act for their units of government
Sec. 1. The following officers may act for their respective units of
government under this chapter:
(1) The sheriff, for a county.
(2) The chief of police, for a city.
(3) A town marshal, for a town.
(4) A township trustee, for a township.
(5) A state police officer, for the state. As added by P.L.2-1991, SEC.10.
IC 9-22-5-2 Application for authority to dispose of vehicle for scrap metal
Sec. 2. A:
(1) person, firm, corporation, limited liability company, or unit
of government upon whose property or in whose possession is
found an abandoned motor vehicle; or
(2) person who owns a motor vehicle that has a title that is
faulty, lost, or destroyed;
may apply to the sheriff of the county in which the motor vehicle is
located for authority to sell, give away, or dispose of the motor
vehicle for scrap metal. As added by P.L.2-1991, SEC.10. Amended by P.L.8-1993, SEC.173.
IC 9-22-5-3 Application form; duplicate form; filing with bureau; retention by
sheriff
Sec. 3. The application required under section 2 of this chapter
shall be made in duplicate upon forms prescribed and furnished by
the bureau. One (1) copy of the application shall be filed with the
bureau and one (1) copy of the application shall be retained by the
sheriff. As added by P.L.2-1991, SEC.10.
IC 9-22-5-4 Application; required information; affidavit
Sec. 4. (a) The application required under section 2 of this chapter
must include the following information:
(1) The name and address of the applicant.
(2) The year, make, model, and engine number of the motor
vehicle, if ascertainable, together with any other identifying
features.
(3) A concise statement of the facts surrounding the
abandonment of the motor vehicle, that the title of the motor
vehicle is lost or destroyed, or the reasons for the defect of title
in the owner of the motor vehicle.
(b) The person making the application required under section 2 of
this chapter shall execute an affidavit stating that the facts alleged in
the application are true and that no material fact has been withheld. As added by P.L.2-1991, SEC.10.
IC 9-22-5-5 Examination by sheriff of application; sheriff's notice; posting,
publication, and mailing of notice
Sec. 5. (a) The sheriff shall examine each application made under
section 2 of this chapter. If the sheriff finds that the application:
(1) is executed in proper form; and
(2) shows that the motor vehicle described in the application
has been abandoned upon the property of the person making the
application or that the person making the application is the
person who owns the motor vehicle;
the sheriff shall prepare a written notice.
(b) The notice required under subsection (a) must include the
following information:
(1) The name and address of the applicant.
(2) The year, make, model, and engine number of the motor
vehicle, if ascertainable, together with any other identifying
features of the motor vehicle.
(3) That the motor vehicle has been abandoned, that the title to
the motor vehicle is lost or destroyed, or that there is a defect of
the title in the person who owns the motor vehicle.
(4) That the motor vehicle will be sold for scrap metal unless a
claim or protest is made.
(c) The sheriff shall, within five (5) days after receiving an
application required under section 2 of this chapter, cause the notice
required under subsection (a) to be distributed as follows:
(1) Posted at the door of the courthouse for a period of thirty
(30) days before sale.
(2) Published once in a newspaper of general circulation of the
county in which the motor vehicle is located at least thirty (30)
days before sale.
(3) Sent to the last person who owned the motor vehicle, if
known. As added by P.L.2-1991, SEC.10.
IC 9-22-5-6 Claim made by vehicle owner before sale; return of vehicle; costs
Sec. 6. If an abandoned motor vehicle for which an application for
sale under this chapter has been filed is claimed by the person who
owns the motor vehicle before the sale occurs and the person
provides satisfactory evidence of ownership to the sheriff, the motor
vehicle shall be returned to the person upon payment by the person
of the costs of preserving the motor vehicle during the period of
abandonment, together with the costs of publication of notice. As added by P.L.2-1991, SEC.10.
IC 9-22-5-7 Issuance of certificate of authority to sell vehicle for scrap metal;
authorization to accept certificate of authority as substitute for
certificate of title
Sec. 7. If a claim or protest is not made before sale, the person
who filed the application required under section 2 of this chapter
shall, upon payment of the costs of publication of notice, be given a
certificate of authority to sell the motor vehicle to a licensed junk
dealer or an established automobile wrecker for scrap metal. The
licensed junk dealer or established automobile wrecker shall accept
the sheriff's certificate of authority instead of the certificate of title
to the motor vehicle. As added by P.L.2-1991, SEC.10.
IC 9-22-5-8 Certificate of authority; form; copies; required information
Sec. 8. The certificate of authority required under section 7 of this
chapter shall be made in triplicate on forms prescribed and furnished
by the bureau. The certificate of authority must contain the following
information:
(1) The name and address of the person who filed the
application required under section 2 of this chapter.
(2) The year, make, model, and engine number, if ascertainable,
together with any other identifying features of the motor vehicle
that has been authorized to be sold for scrap metal. As added by P.L.2-1991, SEC.10.
IC 9-22-5-9 Certificate of authority; copies; retention by sheriff; filing with
bureau
Sec. 9. The sheriff shall retain one (1) copy of the certificate of
authority required under section 7 of this chapter. The sheriff shall
send one (1) copy of the certificate of authority to the bureau. As added by P.L.2-1991, SEC.10.
IC 9-22-5-10 Certificate of title not issuable after delivery to bureau of
certificate of authority to sell vehicle for scrap metal
Sec. 10. After a certificate of authority required under section 7
of this chapter has been delivered to the bureau under section 9 of
this chapter, a certificate of title may not be issued for the motor
vehicle described in the certificate of authority. As added by P.L.2-1991, SEC.10.
IC 9-22-5-11 Application and certificate of authority; fees
Sec. 11. A fee may not be charged for the filing of an application
under section 2 of this chapter or for the issuance of a certificate of
authority under section 7 of this chapter. As added by P.L.2-1991, SEC.10. IC 9-22-5-12 Proceeds from sale of vehicle for scrap metal; sales under this
chapter by owners of vehicles having faulty, lost, or destroyed titles
Sec. 12. The person who:
(1) owns a motor vehicle that has a title that is faulty, lost, or
destroyed; and
(2) sells the motor vehicle under this chapter;
may retain the proceeds of the sale for the person's use and benefit. As added by P.L.2-1991, SEC.10.
IC 9-22-5-13 Sales by persons other than owners; proceeds; payment to circuit
court clerk; claim by vehicle owner; escheat to state general fund
Sec. 13. (a) A person not described in section 12 of this chapter
who sells an abandoned motor vehicle under this chapter may retain
from the proceeds of sale the cost of publication of notice and the
cost of preserving the motor vehicle during the period of the vehicle's
abandonment. The person shall pay the remaining balance of the
proceeds of the sale to the circuit court clerk of the county in which
the abandoned motor vehicle is located.
(b) At any time within ten (10) years after the money is paid to the
clerk, the person who owns the abandoned motor vehicle sold under
this chapter may make a claim with the clerk for the sale proceeds
deposited with the clerk. If ownership of the proceeds is established
to the satisfaction of the clerk, the clerk shall pay the proceeds to the
person who owns the abandoned motor vehicle.
(c) If a claim for the proceeds of the sale of an abandoned motor
vehicle under subsection (b) is not made within ten (10) years, claims
for the proceeds are barred. The clerk shall notify the attorney
general and upon demand pay the proceeds to the attorney general.
The attorney general shall turn the proceeds over to the treasurer of
state. The proceeds vest in and escheat to the state general fund. As added by P.L.2-1991, SEC.10. Amended by P.L.246-2005,
SEC.87.
IC 9-22-5-14 Storing, furnishing supplies for, or repairing vehicles; duty to
obtain name and address of owner; record book; inspection by
police officers of record book
Sec. 14. (a) An individual, a firm, a limited liability company, or
a corporation engaged in the business of storing, furnishing supplies
for, or repairing motor vehicles, trailers, semitrailers, or recreational
vehicles shall obtain the name and address of the person who owns
a motor vehicle, trailer, semitrailer, or recreational vehicle that is left
in the custody of the individual, firm, limited liability company, or
corporation for storage, furnishing of supplies, or repairs at the time
the motor vehicle is left.
(b) The individual, firm, limited liability company, or corporation
shall record in a book the following information concerning the
motor vehicle:
(1) The name and address of the person who owns the motor
vehicle.
(2) The license number of the motor vehicle.
(3) The date on which the motor vehicle was left.
(c) The book shall be provided and kept by the individual, firm,
limited liability company, or corporation and shall be open for
inspection by an authorized police officer of the state or of a city or
town or by the county sheriff.
(d) If a motor vehicle, trailer, semitrailer, or recreational vehicle
is stored by the week or by the month, only one (1) entry on the book
is required for the period of time during which the motor vehicle is
stored. As added by P.L.2-1991, SEC.10. Amended by P.L.8-1993, SEC.174.
IC 9-22-5-15 Lien for labor on, materials for, storage of, towing of, or repair of
vehicle; sale of vehicle to satisfy lien
Sec. 15. (a) An individual, a firm, a limited liability company, or
a corporation that performs labor, furnishes materials or storage, or
does repair work on a motor vehicle, trailer, semitrailer, or
recreational vehicle at the request of the person who owns the
vehicle has a lien on the vehicle to the reasonable value of the
charges for the labor, materials, storage, or repairs.
(b) An individual, a firm, a partnership, a limited liability
company, or a corporation that provides towing services for a motor
vehicle, trailer, semitrailer, or recreational vehicle:
(1) at the request of the person who owns the motor vehicle,
trailer, semitrailer, or recreational vehicle;
(2) at the request of an individual, a firm, a partnership, a
limited liability company, or a corporation on whose property
an abandoned motor vehicle, trailer, semitrailer, or recreational
vehicle is located; or
(3) in accordance with IC 9-22-1;
has a lien on the vehicle for the reasonable value of the charges for
the towing services and other related costs. An individual, a firm, a
partnership, a limited liability company, or a corporation that obtains
a lien for an abandoned vehicle under subdivision (2) must comply
with IC 9-22-1-4, IC 9-22-1-16, IC 9-22-1-17, and IC 9-22-1-19.
(c) If:
(1) the charges made under subsection (a) or (b) are not paid;
and
(2) the motor vehicle, trailer, semitrailer, or recreational vehicle
is not claimed;
within thirty (30) days from the date on which the vehicle was left in
or came into the possession of the individual, firm, limited liability
company, or corporation for repairs, storage, towing, or the
furnishing of materials, the individual, firm, limited liability
company, or corporation may advertise the vehicle for sale. The
vehicle may not be sold before fifteen (15) days after the date the
advertisement required by subsection (d) has been placed or after
notice required by subsection (e) has been sent, whichever is later.
(d) Before a vehicle may be sold under subsection (c), an
advertisement must be placed in a newspaper of general circulation
printed in the English language in the city or town in which the
lienholder's place of business is located. The advertisement must
contain at least the following information:
(1) A description of the vehicle, including make, type, and
manufacturer's identification number.
(2) The amount of the unpaid charges.
(3) The time, place, and date of the sale.
(e) In addition to the advertisement required under subsection (d),
the person who holds the mechanic's lien must:
(1) notify the person who owns the vehicle and any other person
who holds a lien of record at the person's last known address by
certified mail, return receipt requested; or
(2) if the vehicle is an abandoned motor vehicle, provide notice
as required under subdivision (1) if the location of the owner of
the motor vehicle or a lienholder of record is determined by the
bureau in a search under IC 9-22-1-19;
that the vehicle will be sold at public auction on a specified date to
satisfy the lien imposed by this section.
(f) A person who holds a lien of record on a vehicle subject to sale
under this section may pay the storage, repair, towing, or service
charges due. If the person who holds the lien of record elects to pay
the charges due, the person is entitled to possession of the vehicle
and becomes the holder of the mechanic's lien imposed by this
section.
(g) If the person who owns a vehicle subject to sale under this
section does not claim the vehicle and satisfy the lien on the vehicle,
the vehicle may be sold at public auction to the highest and best
bidder for cash. A person who holds a mechanic's lien under this
section may purchase a vehicle subject to sale under this section.
(h) A person who holds a mechanic's lien under this section may
deduct and retain the amount of the lien and the cost of the
advertisement required under subsection (d) from the purchase price
received for a vehicle sold under this section. After deducting from
the purchase price the amount of the lien and the cost of the
advertisement, the person shall pay the surplus of the purchase price
to the person who owns the vehicle if the person's address or
whereabouts is known. If the address or whereabouts of the person
who owns the vehicle is not known, the surplus of the purchase price
shall be paid over to the clerk of the circuit court of the county in
which the person who holds the mechanic's lien has a place of
business for the use and benefit of the person who owns the vehicle.
(i) A person who holds a mechanic's lien under this section shall
execute and deliver to the purchaser of a vehicle under this section
a sales certificate in the form designated by the bureau, setting forth
the following information:
(1) The facts of the sale.
(2) The vehicle identification number.
(3) The certificate of title if available.
(4) A certificate from the newspaper showing that the
advertisement was made as required under subsection (d).
Whenever the bureau receives from the purchaser an application for
certificate of title accompanied by these items, the bureau shall issue
a certificate of title for the vehicle under IC 9-17. As added by P.L.2-1991, SEC.10. Amended by P.L.8-1993, SEC.175;
P.L.104-2005, SEC.9; P.L.191-2007, SEC.19.
IC 9-22-5-16 Sales by dealers of rebuilt vehicles; disclosures
Sec. 16. (a) This section does not apply to a person who sells,
exchanges, or transfers golf carts.
(b) A seller that is:
(1) a dealer; or
(2) another person who sells, exchanges, or transfers at least
five (5) vehicles each year;
may not sell, exchange, or transfer a rebuilt vehicle without
disclosing in writing to the purchaser, customer, or transferee, before
consummating the sale, exchange, or transfer, the fact that the
vehicle is a rebuilt vehicle if the dealer or other person knows or
should reasonably know the vehicle is a rebuilt vehicle. As added by P.L.2-1991, SEC.10. Amended by P.L.150-2009,
SEC.17.
IC 9-22-5-17 Reckless violation of lien or vehicle owner identification
provisions; classification
Sec. 17. A person who recklessly violates section 14 or 15 of this
chapter commits a Class A misdemeanor. As added by P.L.2-1991, SEC.10.
