Indiana

Indiana mechanics’ lien deadlines

Statutory summary — attorney verification in progress. Confirm before relying on any date.

Filing deadline

Sworn Statement and Notice of Intention to Hold Mechanic's Lien recorded (in duplicate) with the county recorder where the property lies: 60 days from last furnishing on residential Type 1 projects, 90 days on Type 2 utility and Type 3 commercial/industrial projects; must name the record owner per the auditor/assessor transfer books with tax-record address and legal description; recorder mails a copy to the owner. Intentional or grossly negligent overstatement voids the whole lien; incidental or gratuitous acts do not restart the clock, but owner-requested extra/remedial work does.

Notice prerequisites

None on commercial/industrial (Type 3) or utility (Type 2) work. On owner-occupied single/double family dwellings (Type 1), subs and suppliers must give the owner (as named in the auditor/assessor transfer books) a written pre-lien notice as a condition precedent to any lien: within 30 days of first furnishing for alteration/repair work, or within 60 days of first furnishing for original construction, and for original construction the notice must also be recorded with the county recorder inside the same 60 days; missing it extinguishes lien rights.

Service on the owner

Recording perfects the lien; the notice must be mailed to the owner within 3 business days after recordation (the statute routes this through the recorder using the address in the notice). No pre-recording service requirement outside the residential pre-lien notice.

Enforcement

Foreclosure complaint in the circuit or superior court of the county where the property lies within 1 year from when the lien notice was received for recording, or the lien is void; any interested party can shorten this by a registered/certified-mail 30-day demand to sue, after which a recorded affidavit of non-suit releases the lien; wrong-county filing is cured by venue transfer, not dismissal.

Ind. Code § 32-28-3-1 et seq., esp. §§ 32-28-3-1, -2, -3, -6, -10; design professional lien statute separate

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