§ 32-33-16-6 — Notice to customer and persons having perfected security interests

Indiana § 32-33-16-6

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 33: LIENS ON PERSONAL PROPERTY
• Ch. 16: Liens on Dies, Molds, Forms, and Patterns

Text

(a) Before a lienholder may sell the die, mold,
form, jig, or pattern, the lienholder must, in writing, by certified mail,
return receipt requested, notify the customer and any person whose
security interest is perfected by filing of the following:
(1) The lienholder's intention to sell the die, mold, form, jig, or
pattern thirty (30) days after the customer's receipt of the notice.
(2) A description of the die, mold, form, jig, or pattern to be sold.
(3) The time and place of the sale.
(4) An itemized statement for the amount due.
(b) If upon receipt of this notice the customer informs the lienholder
in writing of the customer's objections regarding the amount due, the
lienholder may file a complaint to foreclose the lien.
(c) If there is no return of the receipt of mailing, or if the postal
service returns the notice as being nondeliverable, the lienholder must
publish notice of the lienholder's intention to sell the die, mold, form,
jig, or pattern in a newspaper of general circulation in the county where
the die, mold, form, jig, or pattern is being held for sale by the
lienholder. The notice must include a description of the die, mold,
form, jig, or pattern and the name of the customer.
[Pre-2002 Recodification Citation: 32-8-37-5.]

Legislative History

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