Sec. 6.5. (a) If a property owner who is a public official or public employee receives a statement of intention to hold a common law lien under section 5 of this chapter, the property owner may provide written notice to the county recorder swearing and affirming that the property owner is a public official or public employee.

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Terms Used In Indiana Code 32-28-13-6.5

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • common law lien: means a lien against real or personal property that is not:

    Indiana Code 32-28-13-1

  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • property owner: means the owner of record of real or personal property. See Indiana Code 32-28-13-2
  • public employee: means an individual who is an employee in the executive, judicial, or legislative branch of:

    Indiana Code 32-28-13-1.5

  • public official: means an individual who holds office or formerly held office at any time during the preceding four (4) years in the executive, judicial, or legislative branch of:

    Indiana Code 32-28-13-3

     (b) Not later than three (3) business days after receiving a property owner’s written notice, the county recorder shall send to the lienholder the following:

(1) A copy of the property owner’s written notice.

(2) A statement that if the lienholder fails to commence suit on the common law lien within thirty (30) days after the postmark date of the county recorder’s notice under this subsection, the common law lien is void.

The county recorder shall send a copy of the county recorder’s written notice to the property owner. The county recorder’s notice to the lienholder 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. The county recorder shall record the date the statement is mailed to the lienholder under this section.

     (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.

As added by P.L.191-2015, SEC.9.

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