(a)A warehouse has a lien against the
bailor on the goods covered by a warehouse receipt or storage
agreement or on the proceeds thereof in its possession for charges for
storage or transportation, including demurrage and terminal charges,
insurance, labor, or other charges, present or future, in relation to the
goods, and for expenses necessary for preservation of the goods or
reasonably incurred in their sale pursuant to law. If the person on
whose account the goods are held is liable for similar charges or
expenses in relation to other goods whenever deposited and it is stated
in the warehouse's receipt or storage agreement that a lien is claimed
for charges and expenses in relation to other goods, the warehouse also
has a lien against the goods covered by the warehouse receipt or
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(a) A warehouse has a lien against the
bailor on the goods covered by a warehouse receipt or storage
agreement or on the proceeds thereof in its possession for charges for
storage or transportation, including demurrage and terminal charges,
insurance, labor, or other charges, present or future, in relation to the
goods, and for expenses necessary for preservation of the goods or
reasonably incurred in their sale pursuant to law. If the person on
whose account the goods are held is liable for similar charges or
expenses in relation to other goods whenever deposited and it is stated
in the warehouse's receipt or storage agreement that a lien is claimed
for charges and expenses in relation to other goods, the warehouse also
has a lien against the goods covered by the warehouse receipt or
storage agreement or on the proceeds thereof in its possession for the
charges and expenses, whether or not the other goods have been
delivered by the warehouse. However, as against a person to which a
negotiable warehouse receipt is duly negotiated, a warehouse's lien is
limited to charges in an amount or at a rate specified in the warehouse
receipt or, if no charges are so specified, to a reasonable charge for
storage of the specific goods covered by the receipt subsequent to the
date of the receipt.
(b) A warehouse may also reserve a security interest against the
bailor for the maximum amount specified on the receipt for charges
other than those specified in subsection (a), such as for money
advanced and interest. The security interest is governed by IC 26-1-9.1
on secured transactions.
(c) A warehouse's lien for charges and expenses under subsection
(a) or a security interest under subsection (b) is also effective against
any person that entrusted the bailor with possession of the goods that
a pledge of them by the bailor to a good faith purchaser for value would
have been valid. However, the lien or security interest is not effective
against a person that before issuance of a document of title had a legal
interest or a perfected security interest in the goods and that did not:
(1) deliver or entrust the goods or any document of title covering
the goods to the bailor or the bailor's nominee with:
(A) actual or apparent authority to ship, store, or sell;
(B) power to obtain delivery under section 403 of this chapter;
or
(C) power of disposition under IC 26-1-2-403, IC 26-1-2.1-304(2), IC 26-1-2.1-305(2), IC 26-1-9.1-320, or IC 26-1-9.1-321 or any other statute or rule of law; or
(2) acquiesce in the procurement by the bailor or its nominee of
any document.
(d) For purposes of this subsection, "household goods" means
furniture, furnishings, or personal effects used by the depositor in a
dwelling. A warehouse's lien on household goods for charges and
expenses in relation to the goods under subsection (a) is also effective
against all persons if the depositor was the legal possessor of the goods
at the time of deposit.
(e) A warehouse loses its lien on any goods that the warehouse
voluntarily delivers or unjustifiably refuses to deliver.
Formerly: Acts 1963, c.317, s.7-209. As amended by
P.L.152-1986, SEC.250; P.L.57-2000, SEC.36; P.L.143-2007,
SEC.38.