§ 32-28-13-6 — Notice to lienholder to commence suit; voiding common law lien

Indiana § 32-28-13-6

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

Text

(a) A property owner who is not a public
official or public employee may send to the lienholder a notice
requiring the lienholder to commence suit on the common law lien. The
notice to commence suit must be made by first class mail to the
lienholder at the address given in the lienholder's statement filed under
section 5 of this chapter.
(b) If the lienholder fails to commence suit within thirty (30) days
after the postmark date of the notice to commence suit received by the
lienholder, the common law lien is void. To release the common law
lien from the real or personal property, the property owner must comply
with the requirements of section 7 of this chapter.
(c) The lienholder shall notify the county recorder in writing of:
(1) the lienholder's commencement of a suit; or
(2) the lienholder's intention not to commence suit.
[Pre-2002 Recodification Citation: 32-8-39-4.]

Legislative History

As added by P.L.2-2002, SEC.13. Amended by P.L.191-2015, SEC.8.