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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. 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. 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. 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. 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. 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. 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. 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.

Open the Mechanics Lien guide

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SWORN STATEMENT AND NOTICE OF INTENTION TO HOLD A MECHANIC'S LIEN (INDIANA)

Filed in duplicate under Indiana Code 32-28-3-3 in the recorder's office of the county where the property is located. The undersigned gives notice of intention to hold a mechanic's lien on the real property described below to secure payment for labor performed or materials or machinery furnished to improve that property.

State of Indiana County of [COUNTY]

  1. CLAIMANT Name: [CLAIMANT NAME] Role: [CONTRACTOR / SUBCONTRACTOR / MECHANIC / LABORER / MATERIAL SUPPLIER] Address: [CLAIMANT ADDRESS]

  2. OWNER Name of the owner of the property: [OWNER NAME] Address: [OWNER ADDRESS]

  3. HIRING PARTY The claimant performed the labor or furnished the materials or machinery at the request of, or under a contract with: [PERSON OR COMPANY THAT ORDERED THE WORK].

  4. PROPERTY Street address: [PROPERTY ADDRESS]. Legal description of the real property: [LEGAL DESCRIPTION].

  5. LABOR, MATERIALS, OR MACHINERY FURNISHED General description: [DESCRIPTION OF THE LABOR, MATERIALS, OR MACHINERY]. Date labor was last performed or materials or machinery last furnished: [LAST FURNISHING DATE].

  6. AMOUNT CLAIMED The amount the claimant intends to hold a lien for, after deducting all just credits and offsets, is: $[AMOUNT].

  7. INTENTION TO HOLD A LIEN The undersigned intends to hold a mechanic's lien on the property described above for the amount stated, together with interest and costs as allowed by law.

  8. VERIFICATION The undersigned, being duly sworn, states on oath that the foregoing statement is true to the best of the undersigned's knowledge and belief.

Signature of claimant or authorized agent: [SIGNATURE] Printed name and title: [NAME AND TITLE] Date: [DATE]

[NOTARY / OATH AS REQUIRED FOR A SWORN STATEMENT]

RESIDENTIAL PRE-LIEN NOTICE (if applicable) On a single or double family dwelling, a supplier or laborer furnishing on credit must give the owner written notice and file a copy with the county recorder within 60 days of first delivery or labor, as required by IC 32-28-3-1. Notice given and filed on: [DATE].

Note: This Indiana sworn statement and notice of intention to hold a mechanic's lien follows Indiana Code 32-28-3-3 and must be filed in duplicate. Confirm the current statutory contents and deadlines, or have this reviewed by an attorney, before filing.

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.

Frequently Asked Questions

An Indiana mechanics lien is a claim that a contractor, subcontractor, laborer, or supplier records against property they improved but were not paid for. Governed by Title 32, Article 28, Chapter 3 of the Indiana Code, it attaches to the real estate, clouds the title, and can be foreclosed through a court-ordered sale to collect the unpaid amount.

Contractors, subcontractors, mechanics, laborers, and those who furnished materials or machinery to improve the property and were not paid can file. On a residential single or double family dwelling, a supplier or laborer who extended credit must also give the owner a written pre-lien notice before lien rights are preserved.

You record a sworn statement and notice of intention to hold a lien with the county recorder within 90 days after you perform the labor or furnish the materials or machinery, under IC 32-28-3-3. On a residential single or double family dwelling, that filing deadline shortens to 60 days.

On a residential single or double family dwelling, a person who sells or furnishes materials or labor on credit must give the owner written notice and file a copy with the county recorder within 60 days of first delivery or labor, under IC 32-28-3-1. Furnishing and filing that notice is a condition of the lien. Commercial projects do not require it.

You must file a complaint to foreclose the lien not later than one year after the statement and notice of intention to hold a lien is recorded, under IC 32-28-3-6. The window can be shortened if the owner serves a notice to commence suit, which forces you to sue sooner or lose the lien.

Missing the residential pre-lien notice, the 90-day filing deadline, or the one-year deadline to foreclose generally defeats the lien, because Indiana applies these requirements strictly. You may still sue the party who hired you for breach of contract to recover the debt, but you give up the security a lien places on the property.

Indiana treats a Class 2 structure, meaning a single or double family dwelling, differently from commercial work. 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 notice of intention to hold a lien shortens from 90 days to 60 days for that residential property.

When the debt is paid, the claimant should record a release of the lien to clear the title. A lien also becomes unenforceable if no foreclosure complaint is filed within one year of recording. An owner who disputes a lien can serve a notice to commence suit to force the issue, or challenge the lien's validity in court.