2013 Indiana Code
TITLE 9. MOTOR VEHICLES
ARTICLE 22. ABANDONED, SALVAGED, AND SCRAP VEHICLES
CHAPTER 6. MECHANIC'S LIENS FOR VEHICLES
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IC 9-22-6
Chapter 6. Mechanic's Liens for Vehicles
IC 9-22-6-1
Storing, furnishing of supplies for, providing towing services for,
or repairing vehicles
Sec. 1. (a) An individual, a firm, a limited liability company, or a
corporation engaged in the business of storing, furnishing supplies
for, providing towing services for, or repairing motor vehicles,
trailers, semitrailers, or recreational vehicles shall obtain the name
and address of the person that owns a motor vehicle, trailer,
semitrailer, or recreational vehicle that is left in the custody of the
individual, firm, limited liability company, or corporation for
storage, furnishing of supplies, or repairs at the time the vehicle is
left.
(b) The individual, firm, limited liability company, or corporation
shall record in a book the following information concerning the
vehicle described in subsection (a):
(1) The name and address of the person that owns the vehicle.
(2) The license number of the vehicle.
(3) The date on which the vehicle was left.
(c) The book shall be provided and kept by the individual, firm,
limited liability company, or corporation and must be open for
inspection by an authorized police officer of the state, a city, or a
town or by the county sheriff.
(d) If a motor vehicle, trailer, semitrailer, or recreational vehicle
is stored by the week or by the month, only one (1) entry on the book
is required for the time during which the vehicle is stored.
As added by P.L.125-2012, SEC.158. Amended by P.L.262-2013,
SEC.116.
IC 9-22-6-2
Lien for labor on, materials for, storage of, towing of, or repair of
vehicles
Sec. 2. (a) An individual, a firm, a limited liability company, or a
corporation that performs labor, furnishes materials or storage, or
does repair work on a motor vehicle, trailer, semitrailer, or
recreational vehicle at the request of the person that owns the vehicle
has a mechanic's lien on the vehicle for the reasonable value of the
charges for the labor, materials, storage, or repairs.
(b) An individual, a firm, a partnership, a limited liability
company, or a corporation that provides towing services for a motor
vehicle, trailer, semitrailer, or recreational vehicle at the request of
the person that owns the motor vehicle, trailer, semitrailer, or
recreational vehicle has a mechanic's lien on the vehicle for the
reasonable value of the charges for the towing services and other
related costs.
(c) If:
(1) the charges made under subsection (a) or (b) are not paid;
and
(2) the motor vehicle, trailer, semitrailer, or recreational vehicle
is not claimed;
not later than thirty (30) days after the date on which the vehicle is
left in or comes into the possession of the individual, firm, limited
liability company, or corporation for repairs, storage, towing, or the
furnishing of materials, the individual, firm, limited liability
company, or corporation may advertise the vehicle for sale. The
vehicle may not be sold earlier than fifteen (15) days after the date
the advertisement required by subsection (d) has been placed or
fifteen (15) days after notice required by subsection (e) has been
sent, whichever is later.
(d) Before a vehicle may be sold under subsection (c), an
advertisement must be placed in a newspaper that is printed in
English and of general circulation in the city or town in which the
lienholder's place of business is located. If the lienholder is located
outside the corporate limits of a city or a town, the advertisement
must be placed in a newspaper of general circulation in the county in
which the place of business of the lienholder is located. The
advertisement must contain at least the following information:
(1) A description of the vehicle, including make, type, and
manufacturer's identification number.
(2) The amount of the unpaid charges.
(3) The time, place, and date of the sale.
(e) In addition to the advertisement required under subsection (d),
the person that holds the mechanic's lien must notify the person that
owns the vehicle and any other person that holds a lien of record at
the person's last known address by certified mail, return receipt
requested, that the vehicle will be sold at public auction on a
specified date to satisfy the mechanic's lien imposed by this section.
(f) A person that holds a mechanic's lien of record on a vehicle
subject to sale under this section may pay the storage, repair, towing,
or service charges due. If the person that holds the mechanic's lien of
record elects to pay the charges due, the person is entitled to
possession of the vehicle and becomes the holder of the mechanic's
lien imposed by this section.
(g) If the person that owns a vehicle subject to sale under this
section does not claim the vehicle and satisfy the mechanic's lien on
the vehicle, the vehicle may be sold at public auction to the highest
and best bidder. A person that holds a mechanic's lien under this
section may purchase a vehicle subject to sale under this section.
(h) A person that holds a mechanic's lien under this section may
deduct and retain the amount of the mechanic's lien and the cost of
the advertisement required under subsection (d) from the purchase
price received for a vehicle sold under this section. After deducting
from the purchase price the amount of the mechanic's lien and the
cost of the advertisement, the person shall pay the surplus of the
purchase price to the person that owns the vehicle if the person's
address or whereabouts are known. If the address or whereabouts of
the person that owns the vehicle are not known, the surplus of the
purchase price shall be paid over to the clerk of the circuit court of
the county in which the person that holds the mechanic's lien has a
place of business for the use and benefit of the person that owns the
vehicle.
(i) A person that holds a mechanic's lien under this section shall
execute and deliver to the purchaser of a vehicle under this section
a sales certificate in the form designated by the bureau, setting forth
the following information:
(1) The facts of the sale.
(2) The vehicle identification number.
(3) The certificate of title if available.
(4) A certification from the newspaper showing that the
advertisement was made as required under subsection (d).
(5) Any other information that the bureau requires.
Whenever the bureau receives from the purchaser an application for
certificate of title accompanied by these items, the bureau shall issue
a certificate of title for the vehicle under IC 9-17.
As added by P.L.125-2012, SEC.158.
IC 9-22-6-3
Penalty
Sec. 3. A person that knowingly, intentionally, or recklessly
violates section 1 or 2 of this chapter commits a Class A
misdemeanor.
As added by P.L.125-2012, SEC.158.
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