Sec. 6. (a) Before a lienholder may sell the die, mold, form, jig, or pattern, the lienholder must, in writing, by certified mail, return receipt requested, notify the customer and any person whose security interest is perfected by filing of the following:

(1) The lienholder’s intention to sell the die, mold, form, jig, or pattern thirty (30) days after the customer’s receipt of the notice.

Terms Used In Indiana Code 32-33-16-6

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • customer: means any individual or entity who contracts with or causes a fabricator to use a die, mold, form, jig, or pattern to manufacture, assemble, or otherwise make a product. See Indiana Code 32-33-16-1
  • 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.
(2) A description of the die, mold, form, jig, or pattern to be sold.

(3) The time and place of the sale.

(4) An itemized statement for the amount due.

     (b) If upon receipt of this notice the customer informs the lienholder in writing of the customer’s objections regarding the amount due, the lienholder may file a complaint to foreclose the lien.

     (c) If there is no return of the receipt of mailing, or if the postal service returns the notice as being nondeliverable, the lienholder must publish notice of the lienholder’s intention to sell the die, mold, form, jig, or pattern in a newspaper of general circulation in the county where the die, mold, form, jig, or pattern is being held for sale by the lienholder. The notice must include a description of the die, mold, form, jig, or pattern and the name of the customer.

[Pre-2002 Recodification Citation: 32-8-37-5.]

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

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