Sec. 3. (a) Except as provided in subsection (b), a
person who wishes to acquire a lien upon property, whether the claim
is due or not, must file in duplicate a sworn statement and notice of the
person's intention to hold a lien upon the property for the amount of the
claim:
(1) in the recorder's office of the county; and
(2) not later than ninety (90) days after performing labor or
furnishing materials or machinery described in section 1 of this
chapter.
The statement and notice of intention to hold a lien may be verified and
filed on behalf of a client by an attorney registered with the clerk of the
supreme court as an attorney in good standing under the requirements
of the supreme court.
(b) This subsection applies to a person that performs labor or
furnishes materials or machinery described in section 1 of this chapter
related to a Class 2 structure (as defined in IC 22-12-1-5) or an
improvement on the same real estate auxiliary to a Class 2 structure (as
defined in IC 22-12-1-5). A person who wishes to acquire a lien upon
property, whether the claim is due or not, must file in duplicate a sworn
statement and notice of the person's intention to hold a lien upon the
property for the amount of the claim:
(1) in the recorder's office of the county; and
(2) not later than sixty (60) days after performing labor or
furnishing materials or machinery described in section 1 of this
chapter.
The statement and notice of intention to hold a lien may be verified and
filed on behalf of a client by an attorney registered with the clerk of the
supreme court as an attorney in good standing under the requirements
of the supreme court.
(c) A statement and notice of intention to hold a lien filed under this
section must specifically set forth:
(1) the amount claimed;
(2) the name and address of the claimant;
(3) the owner's:
(A) name; and
(B) latest address as shown on the property tax records of the
county; and
(4) the:
(A) legal description; and
(B) street and number, if any;
of the lot or land on which the house, mill, manufactory or other
buildings, bridge, reservoir, system of waterworks, or other
structure may stand or be connected with or to which it may be
removed.
The name of the owner and legal description of the lot or land will be
sufficient if they are substantially as set forth in the latest entry in the
transfer books described in IC 6-1.1-5-4 of the county auditor or, if IC 6-1.1-5-9 applies, the transfer books of the township assessor (if any)
or the county assessor at the time of filing of the notice of intention to
hold a lien.
(d) The recorder shall:
(1) mail, first class, one (1) of the duplicates of the statement and
notice of intention to hold a lien to the owner named in the
statement and notice not later than three (3) business days after
recordation;
(2) post records as to the date of the mailing; and
(3) collect a fee of two dollars ($2) from the lien claimant for each
statement and notice that is mailed.
The statement and notice shall be addressed to the latest address of the
owner as specifically set out in the sworn statement and notice of the
person intending to hold a lien upon the property.
[Pre-2002 Recodification Citation: 32-8-3-3.]
As added by P.L.2-2002, SEC.13. Amended by P.L.219-2007,
SEC.102; P.L.146-2008, SEC.675.
Notes of Decisions
Capital Drywall Supply, Inc. v. Jai Jagdish, Inc., 934 N.E.2d 1193 (Ind. Ct. App. 2010).
· cites it 16× “7 In particular, Capital Drywall and Old Fort contend that their notices of intent to file a mechanic's lien were valid because they substantially complied with the requirements in Indiana Code Section 32-28-3-3. We cannot agree. The standard of review from the trial court's…”
Richard A. Clem v. Paul J. Watts, 27 N.E.3d 789 (Ind. Ct. App. 2015).
· cites it 2× “Ind.Code § 32-28-3-3 (2008). This sixty-day period for filing a notice of intention to hold a mechanic’s lien commences when the subcontractor “finishes task for which it was hired.”
Gill v. Pollert, 810 N.E.2d 1050 (Ind. 2004).
· cites it 2× “Indiana Code § 32-28-3-3(a) provides in relevant part that "a person who wishes to acquire a lien upon property .”
Woodward v. Heritage Const. Co., Inc., 887 N.E.2d 994 (Ind. Ct. App. 2008).
· cites it 2× “” I.C. § 32-28-3-3(b)(2). Here, the trial court specially found that Heritage “continued to render valuable services on a sporadic basis up until July 22, 2005.”
First Fed. Sav. Bank v. Hartley, 799 N.E.2d 36 (Ind. Ct. App. 2003).
· cites it 2× “However, even ignoring the fact that the Hartleys did not comply with the statutory requirements necessary to create a valid lien, see Ind.Code § 32-28-3-3, mechanics liens take priority only over interests subsequently created.”
Von Tobel Corp. v. Chi-Tec Constr. & Remodeling, Inc., 994 N.E.2d 1215 (Ind. Ct. App. 2013).
· cites it 2× “Ind.Code § 32-28-3-3. The Plaintiffs argue that these statutes do not expressly require that a Lien Notice be filed in the identical corporation name as set forth in the Pre-lien Notice, that the Pre-lien Notice bearing the name “Von Tobel Lumber & Home Center, Inc.”
Tammy Syers v. JKL Constr. & Home Maint. (Ind. Ct. App. 2013).
· cites it 8× “In addition to providing details on the amount claimed and the identities of the claimant, owner, and land, the filing must occur within certain deadlines. See I.C.”
Edgerock Dev., LLC v. C. H. Garmong & Son Inc (Ind. Ct. App. 2024).
· cites it 2× “] Ind. Code § 32-28-3-3 (a). [35] “The recorded lien relates back to the date the mechanic or other person began to perform the labor or furnish the materials or machinery.”
Ind. Code § 32-28-3-3(a): 3 cases
Gill v. Pollert, 810 N.E.2d 1050 (Ind. 2004).
“Indiana Code § 32-28-3-3(a) provides in relevant part that "a person who wishes to acquire a lien upon property .”
Tammy Syers v. JKL Constr. & Home Maint. (Ind. Ct. App. 2013).
“In addition to providing details on the amount claimed and the identities of the claimant, owner, and land, the filing must occur within certain deadlines. See I.C.”
Ind. Code § 32-28-3-3(b)(2): 1 case
Woodward v. Heritage Const. Co., Inc., 887 N.E.2d 994 (Ind. Ct. App. 2008).
“” I.C. § 32-28-3-3(b)(2). Here, the trial court specially found that Heritage “continued to render valuable services on a sporadic basis up until July 22, 2005.”
Ind. Code § 32-28-3-3(c): 2 cases
Capital Drywall Supply, Inc. v. Jai Jagdish, Inc., 934 N.E.2d 1193 (Ind. Ct. App. 2010).
“7 In particular, Capital Drywall and Old Fort contend that their notices of intent to file a mechanic's lien were valid because they substantially complied with the requirements in Indiana Code Section 32-28-3-3. We cannot agree. The standard of review from the trial court's…”
Ind. Code § 32-28-3-3(c)(2): 1 case
Ind. Code § 32-28-3-3(c)(3): 1 case
Ind. Code § 32-28-3-3(d): 1 case
Ind. Code § 32-28-3-3(ec): 1 case
Capital Drywall Supply, Inc. v. Jai Jagdish, Inc., 934 N.E.2d 1193 (Ind. Ct. App. 2010).
“7 In particular, Capital Drywall and Old Fort contend that their notices of intent to file a mechanic's lien were valid because they substantially complied with the requirements in Indiana Code Section 32-28-3-3. We cannot agree. The standard of review from the trial court's…”
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