Sec. 4. (a) This chapter provides the procedure for filing and releasing a common law lien.

     (b) This chapter does not create a common law lien. A common law lien does not exist against the property of a public official for the performance or nonperformance of the public official’s official duty. A person asserting a common law lien must prove the existence of the lien:

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Terms Used In Indiana Code 32-28-13-4

  • 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.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • 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

(1) as prescribed by the common law of Indiana; or

(2) as provided in this chapter.

     (c) Unless a common law lien becomes void at an earlier date under section 6(b) of this chapter, a common law lien is void if the common law lienholder fails to commence a suit on the common law lien within one hundred eighty (180) days after the date the common law lien is recorded under this chapter.

[Pre-2002 Recodification Citation: 32-8-39-2.7.]

As added by P.L.2-2002, SEC.13. Amended by P.L.73-2009, SEC.1; P.L.191-2015, SEC.6.

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