Indiana § 32-33-11-2 - Notice of intention to hold lien; requisites; filing

§ 32-33-11-2. Notice of intention to hold lien; requisites; filing

Sec. 2. (a) A transferman, drayman, or any other person, firm, limited liability company, or corporation that is engaged in:

(1) packing for shipment or storage; or

(2) transferring, hauling, or conveying from place to place;

goods, merchandise, machinery, machines, or other articles of value and that wishes to acquire a lien on any of this property for money paid for freight, storage, or demurrage charges or for erecting machines, machinery, stacks, or other equipment, whether the claim is due or not, may, at any time within sixty (60) days after performing the labor or the payment of money described in section 1 of this chapter, file in the recorder's office of the county a notice of intention to hold a lien upon the property for the amount of the claim.

(b) The notice filed under subsection (a) must state the amount claimed and provide a substantial description of the property. The description of the property in a notice filed under subsection (a) must be sufficient to identify the property.

(c) The party ordering the work done or charges paid or advanced, shall, for the purpose of enforcing this lien, be considered prima facie the agent of all persons having or claiming any interest in the work done or charges paid or advanced but not a matter of record, if the person has knowledge of the performance of the services or the making of the expenditures.

(d) The lienor may keep possession of the goods during the pendency of the lien or an action on the lien unless otherwise ordered by the court.

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

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