Sec. 5. (a) A person who wishes to record a common law lien must file with the county recorder of a county in which the real or personal property against which the common law lien is to be held is located a statement of the person’s intention to hold a common law lien against the real or personal property. The statement must be recorded not later than sixty (60) days after the date of the last service provided by the person who wishes to record the lien.

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Terms Used In Indiana Code 32-28-13-5

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • 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

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Personal property: All property that is not real property.
  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
  • 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

  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
     (b) A statement of intention to hold a common law lien must meet all of the following requirements:

(1) Except as provided in subsection (d), the person filing the statement must swear or affirm that the facts contained in the statement are true to the best of the person’s knowledge.

(2) The statement must be filed in duplicate.

(3) The statement must set forth all of the following:

(A) That if the property owner is a public official or public employee who has filed a written notice in accordance with section 6.5 of this chapter, the common law lien is void thirty (30) days after filing the written notice if the suit has not been commenced.

(B) The amount claimed to be owed by the property owner to the lienholder.

(C) The name and address of the lienholder.

(D) The name of the property owner.

(E) The last address of the property owner as shown on the property tax records of the county.

(F) The legal description and street and number, if any, of the real property against which the common law lien is filed.

(G) A full description of the personal property against which the common law lien is filed, including the location of the personal property.

(H) The legal basis upon which the person asserts the right to hold the common law lien.

     (c) The recorder shall send by first class mail one (1) of the duplicate statements filed under subsection (b) to the property owner at the address listed in the statement within three (3) business days after the statement is recorded. The county recorder shall record the date the statement is mailed to the property owner under this subsection. The county recorder shall collect a fee of two dollars ($2) from the lienholder for each statement that is mailed under this subsection.

     (d) The statement of intention to hold a common law lien required under subsection (b) may be verified and filed on behalf of a client by an attorney registered with the clerk of the supreme court as an attorney in good standing under the requirements of the supreme court.

[Pre-2002 Recodification Citation: 32-8-39-3.]

As added by P.L.2-2002, SEC.13. Amended by P.L.73-2009, SEC.2; P.L.191-2015, SEC.7.

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