§ 32-28-13-5 — Statement of intention to hold common law lien

Indiana § 32-28-13-5

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 28: LIENS ON REAL PROPERTY
• Ch. 13: Common Law Liens

Text

(a) A person who wishes to record a common
law lien must file with the county recorder of a county in which the real
or personal property against which the common law lien is to be held
is located a statement of the person's intention to hold a common law
lien against the real or personal property. The statement must be
recorded not later than sixty (60) days after the date of the last service
provided by the person who wishes to record the lien.
(b) A statement of intention to hold a common law lien must meet
all of the following requirements:
(1) Except as provided in subsection (d), the person filing the
statement must swear or affirm that the facts contained in the
statement are true to the best of the person's knowledge.
(2) The statement must be filed in duplicate.
(3) The statement must set forth all of the following:
(A) That if the property owner is a public official or public
employee who has filed a written notice in accordance with
section 6.5 of this chapter, the common law lien is void thirty
(30) days after filing the written notice if the suit has not been
commenced.
(B) The amount claimed to be owed by the property owner to
the lienholder.
(C) The name and address of the lienholder.
(D) The name of the property owner.
(E) The last address of the property owner as shown on the
property tax records of the county.
(F) The legal description and street and number, if any, of the
real property against which the common law lien is filed.
(G) A full description of the personal property against which
the common law lien is filed, including the location of the
personal property.
(H) The legal basis upon which the person asserts the right to
hold the common law lien.
(c) The recorder shall send by first class mail one (1) of the
duplicate statements filed under subsection (b) to the property owner
at the address listed in the statement within three (3) business days
after the statement is recorded. The county recorder shall record the
date the statement is mailed to the property owner under this
subsection. The county recorder shall collect a fee of two dollars ($2)
from the lienholder for each statement that is mailed under this
subsection.
(d) The statement of intention to hold a common law lien required
under subsection (b) may be verified and filed on behalf of a client by
an attorney registered with the clerk of the supreme court as an attorney
in good standing under the requirements of the supreme court.
[Pre-2002 Recodification Citation: 32-8-39-3.]

Legislative History

As added by P.L.2-2002, SEC.13. Amended by P.L.73-2009, SEC.2; P.L.191-2015, SEC.7.