Indiana § 32-28-12-2 - Recording lien; priority

§ 32-28-12-2. Recording lien; priority

Sec. 2. (a) This section does not apply to a lien acquired by any person for purchase money.

(b) Any employee wishing to acquire a lien under section 1 of this chapter upon the corporate property of any corporation or the corporation's earnings, whether the employee's claim is due or not, must file, in the recorder's office of the county where the corporation is located or doing business, notice of the employee's intention to hold a lien upon the corporation's property and earnings. The notice must state the following:

(1) The amount of the employee's claim.

(2) The date of the employee's employment.

(3) The name of the corporation.

When a notice required by this section is presented for record, the county recorder shall record the notice in the record required by law for notice of mechanic's liens. The recorder shall charge a fee for recording the notice in an amount specified in IC 36-2-7-10(c)(1). The lien created shall relate to the time when the employee was employed by the corporation or to any subsequent date during the employee's employment, at the election of the employee. The lien has priority over all liens suffered or created after the time elected by the employee, except other employees' liens, over which the lien has no priority.

(c) If:

(1) a person other than an employee acquires a lien upon the corporate property of any corporation located or doing business in Indiana;

(2) the lien, for a period of sixty (60) days, either:

(A) remains a matter of record in the proper place specified in IC 26-1-9.1-501; or

(B) remains otherwise perfected under applicable law; and

(3) no notice of an employee's intention to hold a lien is filed by any employee of the corporation during that period;

the lien described in subdivision (1) has priority over the lien of an employee in the county where the corporation is located or doing business.

[Pre-2002 Recodification Citation: 32-8-24-2.]

As added by P.L.2-2002, SEC.13. Amended by P.L.127-2017, SEC.10.