How do I file a mechanic's lien in Indiana?

Indiana mechanic's liens are governed by Ind. Code §§ 32-28-3-1 through 32-28-3-18.

1. Who Can File

Contractors, subcontractors, mechanics, lessors of equipment, journeymen, laborers, and material suppliers furnishing labor or materials for improvements (Ind. Code § 32-28-3-1).

2. Preliminary / Pre-Lien Notice

For Class 2 structures (residential, 1-4 units), the contractor must furnish a written notice to the owner before or at the time work begins, and subs/suppliers must serve a Pre-Lien Notice on the owner within 30 days (single-family) or 60 days (multi-unit) of first delivery (Ind. Code § 32-28-3-1(h), 32-28-3-1(i)). For commercial projects, no pre-lien notice is required.

3. Recording the Lien

Record a Sworn Statement and Notice of Intention to Hold Mechanic's Lien with the county recorder of the county where the property is located within 60 days after performing the last labor or furnishing the last materials on Class 2 (residential) projects, or 90 days for all other (commercial) projects (Ind. Code § 32-28-3-3). The notice must include the amount, owner, claimant, and a property description.

4. Service on Owner

A copy of the recorded notice must be sent to the owner; the recorder mails a courtesy copy, but claimant should also serve.

5. Suit to Foreclose

File foreclosure within 1 year after recording the lien (Ind. Code § 32-28-3-6). The deadline drops to 60 days if the owner files a written notice demanding suit (Ind. Code § 32-28-3-10).

6. Priority

Liens attach as of the date the recorded notice is filed; commencement-date relation-back is more limited than in some states (Ind. Code § 32-28-3-5).

7. Bond Release

Owner may release the lien by filing a written undertaking or surety bond for 1.25-1.5x the claim (Ind. Code § 32-28-3-11).

8. Homestead / Residential

Class 2 structures (1-4 unit residential) require the contractor's written pre-work notice and limit the lien to the amount the owner owes the contractor if the owner has paid the contractor in full and a sworn statement was provided (Ind. Code § 32-28-3-1(j)).

9. Fraudulent Lien Penalties

Willful overstatement is grounds for forfeiture, damages, and attorney's fees; Ind. Code § 32-28-3-14 allows recovery of attorney's fees by the prevailing party, except in residential cases where owner has paid in full.

This is legal information, not legal advice.