Indiana Code 32-33-20-13. Special tool builder right to possession of a special tool
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Sec. 13. (a) Subject to section 14 of this chapter, if a special tool builder has not been paid the amount claimed in the notice required under section 12 of this chapter within ninety (90) days after the date the notice required under section 12 of this chapter has been received by the customer and the end user, the special tool builder:
(2) may enforce the right to possession of the special tool by judgment, foreclosure, or any available judicial procedure.
(1) has a right to possession of the special tool; and
Terms Used In Indiana Code 32-33-20-13
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- customer: means a person who:
Indiana Code 32-33-20-1
- end user: means a person who uses a special tool as part of the person's manufacturing process. See Indiana Code 32-33-20-2
- 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
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- special tool: means tools, dies, jigs, gauges, gauging fixtures, special machinery, cutting tools, injection molds, or metal castings used in the design, development, manufacture, assembly or fabrication of parts. See Indiana Code 32-33-20-3
- special tool builder: means a person who designs, develops, manufactures, or assembles special tools for sale. See Indiana Code 32-33-20-4
(b) The special tool builder may do one (1) or more of the following:
(1) Take possession of the special tool. The special tool builder may take possession without judicial process if possession can be taken without breach of the peace.
(2) Sell the special tool in a public auction.
(c) A special tool builder is entitled to court costs and reasonable attorney‘s fees for expenses incurred under this section.
As added by P.L.73-2009, SEC.4.