Sec. 6. (a) A person seeking to acquire a lien upon a motor vehicle, an airplane, a unit of construction machinery and equipment, or farm machinery, whether the claim to be secured by the lien is then due or not, must file in the recorder’s office of the county where:

(1) the towing, repair, service, or maintenance work was performed; or

Terms Used In Indiana Code 32-33-10-6

  • construction machinery and equipment: includes all classes and types of machinery and equipment used in road construction, road maintenance, earth moving, and building construction work. See Indiana Code 32-33-10-1
  • farm machinery: means all types of tractors, implements, and machinery used in the operation and maintenance of farms. See Indiana Code 32-33-10-2
  • 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.
  • motor vehicle: means every vehicle and device in, upon, or by which persons or property is, or may be, moved, transported, or drawn upon public highways. See Indiana Code 32-33-10-3
  • person: includes a natural person, a firm, a copartnership, an association, a limited liability company, a corporation, and a political subdivision. See Indiana Code 32-33-10-4
(2) the storage, supplies, or accessories were furnished;

a notice in writing of the intention to hold the lien upon the motor vehicle, airplane, unit of construction machinery and equipment, or farm machinery for the amount of the person’s claim.

     (b) A notice filed under subsection (a) must specifically state the amount claimed and give a substantial description of the motor vehicle, airplane, unit of construction machinery and equipment, or farm machinery upon which the lien is asserted.

     (c) Any description in a notice of intention to hold a lien filed under subsection (a) is sufficient if by the description the motor vehicle, airplane, unit of construction machinery and equipment, or farm machinery can be identified.

     (d) A notice under subsection (a) must be filed in the recorder’s office not later than sixty (60) days after the:

(1) performance of the towing or work; or

(2) furnishing of the storage, supplies, accessories, or materials.

[Pre-2002 Recodification Citation: 32-8-31-3.]

As added by P.L.2-2002, SEC.18. Amended by P.L.104-2005, SEC.11.

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