Indiana Mechanics Lien
File an Indiana mechanics lien within 90 days. Learn the recording deadline, the 60-day residential pre-lien notice, and the one-year enforcement rule.
Introduction
An Indiana mechanics lien is a legal claim recorded against real property by a contractor, subcontractor, or material supplier who improved the property and was not paid. Once recorded, the lien attaches to the property, clouds the title, and can be enforced by a court-ordered sale to collect the debt. That security is what gives the lien its leverage, and Indiana grants the right to it in Title 32 of the Indiana Code. The lien only works if you follow each step on time. On a residential single or double family dwelling, a supplier or laborer furnishing on credit must give the owner written notice within 60 days of first furnishing. Every claimant must record a sworn statement and notice of intention to hold a lien within 90 days after performing work, then file suit to foreclose within one year after recording. DocDraft prepares an Indiana notice of intention to hold a lien from your project details, and attorney review is available before you file.
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Key Things to Know
- 1
An Indiana mechanics lien secures payment against the improved property. Under Title 32, Article 28, Chapter 3 of the Indiana Code, contractors, subcontractors, mechanics, laborers, and suppliers who performed labor or furnished materials or machinery and were not paid can claim one.
- 2
Residential projects require a pre-lien notice. On a single or double family dwelling, a person furnishing materials or labor on credit must give the owner written notice, and file a copy with the county recorder, within 60 days of first furnishing, under IC 32-28-3-1.
- 3
The filing deadline is generally 90 days. Under IC 32-28-3-3, the claimant records a sworn statement and notice of intention to hold a lien, in duplicate, in the county recorder's office within 90 days after performing labor or furnishing materials or machinery.
- 4
You must foreclose within one year of recording. Under IC 32-28-3-6, the complaint to enforce the lien must be filed in the circuit or superior court not later than one year after the date the statement and notice of intention to hold a lien was recorded.
- 5
Indiana courts read the lien statute strictly. Missing the residential pre-lien notice, the 90-day filing window, or the one-year deadline to sue can defeat the lien, though a separate contract claim against the party who hired you may still remain.
- 6
No statutory fill-in form is prescribed. The sworn statement and notice of intention to hold a lien must identify the amount claimed, the owner, and the property with reasonable certainty, and be filed in duplicate with the county recorder under IC 32-28-3-3.
- 7
A Class 2 structure, a single or double family dwelling, carries tighter rules. A supplier or laborer furnishing on credit must give the 60-day pre-lien notice under IC 32-28-3-1, and the deadline to record the lien notice shortens to 60 days rather than 90.
Key decisions before you file
Before you file a Mechanics Lien in Indiana, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.
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Indiana Requirements for Mechanics Lien
Indiana Filing Deadline and Office
File the Indiana mechanics lien in the correct office, a county recorder or court as Indiana requires, within the state's deadline after you last furnish labor or materials. Indiana applies the deadline strictly, so filing late or in the wrong office can void the lien.