Indiana Code 32-33-10-8. Foreclosure of lien
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Sec. 8. (a) A lien provided for in this chapter may be foreclosed, as equitable liens are foreclosed, in the circuit or superior court of the county where the motor vehicle, airplane, unit of construction machinery and equipment, or farm machinery is located.
(b) The complaint for foreclosure of a lien under subsection (a) must be filed not later than one (1) year after the notice of intention to hold the lien is recorded.
[Pre-2002 Recodification Citation: 32-8-31-5.]
As added by P.L.2-2002, SEC.18.
Terms Used In Indiana Code 32-33-10-8
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- 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
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5