§ 32-33-11-2 — Notice of intention to hold lien; requisites; filing

Indiana § 32-33-11-2

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 33: LIENS ON PERSONAL PROPERTY
• Ch. 11: Transfer, Moving, and Storage Liens

Text

(a) A transferman, drayman, or any other
person, firm, limited liability company, or corporation that is engaged
in:
(1) packing for shipment or storage; or
(2) transferring, hauling, or conveying from place to place;
goods, merchandise, machinery, machines, or other articles of value
and that wishes to acquire a lien on any of this property for money paid
for freight, storage, or demurrage charges or for erecting machines,
machinery, stacks, or other equipment, whether the claim is due or not,
may, at any time within sixty (60) days after performing the labor or the
payment of money described in section 1 of this chapter, file in the
recorder's office of the county a notice of intention to hold a lien upon
the property for the amount of the claim.
(b) The notice filed under subsection (a) must state the amount
claimed and provide a substantial description of the property. The
description of the property in a notice filed under subsection (a) must
be sufficient to identify the property.
(c) The party ordering the work done or charges paid or advanced,
shall, for the purpose of enforcing this lien, be considered prima facie
the agent of all persons having or claiming any interest in the work
done or charges paid or advanced but not a matter of record, if the
person has knowledge of the performance of the services or the making
of the expenditures.
(d) The lienor may keep possession of the goods during the
pendency of the lien or an action on the lien unless otherwise ordered
by the court.
[Pre-2002 Recodification Citation: 32-8-32-2.]

Legislative History

As added by P.L.2-2002, SEC.18.