§ 32-33-6-1 — Lien for accommodation charges; sale enforcing

(a) The owner or keeper of any hotel, inn,
boardinghouse, eating facility, lodging house, or restaurant has a lien
upon any trunk, valise or baggage, or other article of value brought into
the hotel, inn, boardinghouse, eating facility, lodging house, or
restaurant by a person for any and all proper charges due from the
person for food, lodging, entertainment, or other accommodation.
(b) The owner or keeper referred to in subsection (a) may detain the
trunk, valise or baggage, or other articles of value until the amount of
the charge is fully paid. If the charges are not paid within sixty (60)
days after the charges accrued, the owner or keeper may sell the trunk,
valise or baggage, or other article of value at public auction after giving
ten (10) days notice of the time and place of the sale by publication of
notice in a newspaper of general circulation in the county in which the
hotel, inn, boardinghouse, eating facility, lodging house, or restaurant
is situated. In addition, the owner or keeper must at least ten (10) days
before the sale mail a copy of the notice addressed to the person at:
(1) the person's post office address if known to the owner or
keeper; or
(2) the address registered by the person with the owner or keeper
if the owner or keeper is required to keep a register under IC 16-41-29.
(c) After satisfying the lien out of the proceeds of a sale under this
section together with any costs that may have been incurred in
enforcing the lien, the residue of the proceeds of the sale, if any, must
be paid on demand by the owner or keeper to the person not more than
six (6) months after the sale. If the residue is not demanded within six
(6) months after the date of the sale, the residue or remainder shall be
deposited by the owner or keeper with the county treasurer of the
county in which the hotel, inn, boardinghouse, eating facility, lodging
house, or restaurant is situated, together with a statement of:
(1) the owner's or keeper's claim;
(2) the amount of costs incurred in enforcing the lien;
(3) a copy of the published notice; and
(4) the amount received from the sale of the trunk, valise or
baggage, or other article of value sold at the sale.
(d) The residue deposited under subsection (c) shall be accredited
to the general revenue funds of the county by the county treasurer
subject to the right of the person or the person's representatives to
reclaim the residue at any time within three (3) years after the date of
the deposit with the county treasurer.
(e) A sale under this section is a bar to any action against the owner
or keeper for the recovery of the trunk, valise or baggage, or other
article of value or of the value of the trunk, valise or baggage, or other
article of value, or for any damage growing out of the failure of the
person to receive the trunk, valise or baggage, or other article of value.
(f) However, if the proceeds of a sale after deducting any costs that
may have been incurred in enforcing the lien are not sufficient to
discharge the owner's or keeper's charges, the balance remains due and
owing, and the owner or keeper may commence an action at law
against the person for any balance due.
[Pre-2002 Recodification Citation: 32-8-27-2.]

Legislative History

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