Sec. 209. (a) A warehouse has a lien against the bailor on the goods covered by a warehouse receipt or storage agreement or on the proceeds thereof in its possession for charges for storage or transportation, including demurrage and terminal charges, insurance, labor, or other charges, present or future, in relation to the goods, and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law. If the person on whose account the goods are held is liable for similar charges or expenses in relation to other goods whenever deposited and it is stated in the warehouse's receipt or storage agreement that a lien is claimed for charges and expenses in relation to other goods, the warehouse also has a lien against the goods covered by the warehouse receipt or storage agreement or on the proceeds thereof in its possession for the charges and expenses, whether or not the other goods have been delivered by the warehouse. However, as against a person to which a negotiable warehouse receipt is duly negotiated, a warehouse's lien is limited to charges in an amount or at a rate specified in the warehouse receipt or, if no charges are so specified, to a reasonable charge for storage of the specific goods covered by the receipt subsequent to the date of the receipt.
(b) A warehouse may also reserve a security interest against the bailor for the maximum amount specified on the receipt for charges other than those specified in subsection (a), such as for money advanced and interest. The security interest is governed by IC 26-1-9.1 on secured transactions.
(c) A warehouse's lien for charges and expenses under subsection (a) or a security interest under subsection (b) is also effective against any person that entrusted the bailor with possession of the goods that a pledge of them by the bailor to a good faith purchaser for value would have been valid. However, the lien or security interest is not effective against a person that before issuance of a document of title had a legal interest or a perfected security interest in the goods and that did not:
(1) deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor's nominee with:
(A) actual or apparent authority to ship, store, or sell;
(B) power to obtain delivery under section 403 of this chapter; or
(C) power of disposition under IC 26-1-2-403, IC 26-1-2.1-304(2), IC 26-1-2.1-305(2), IC 26-1-9.1-320, or IC 26-1-9.1-321 or any other statute or rule of law; or
(2) acquiesce in the procurement by the bailor or its nominee of any document.
(d) For purposes of this subsection, "household goods" means furniture, furnishings, or personal effects used by the depositor in a dwelling. A warehouse's lien on household goods for charges and expenses in relation to the goods under subsection (a) is also effective against all persons if the depositor was the legal possessor of the goods at the time of deposit.
(e) A warehouse loses its lien on any goods that the warehouse voluntarily delivers or unjustifiably refuses to deliver.
Formerly: Acts 1963, c.317, s.7-209. As amended by P.L.152-1986, SEC.250; P.L.57-2000, SEC.36; P.L.143-2007, SEC.38.
Structure Indiana Code
Article 1. Uniform Commercial Code
26-1-7-102. Definitions and Index of Definitions
26-1-7-103. Relation of Chapter to Other Laws
26-1-7-105. Tangible Substitute for Electronic Document of Title
26-1-7-106. Control of Electronic Document of Title
26-1-7-201. Who May Issue a Warehouse Receipt; Storage Under Government Bond
26-1-7-202. Form of Warehouse Receipt; Essential Terms; Optional Terms
26-1-7-203. Liability for Nonreceipt or Misdescription
26-1-7-204. Duty of Care; Contractual Limitation of Warehouse's Liability
26-1-7-205. Title Under Warehouse Receipt Defeated in Certain Cases
26-1-7-206. Termination of Storage at Warehouse's Option
26-1-7-207. Goods Must Be Kept Separate; Fungible Goods
26-1-7-208. Altered Warehouse Receipts
26-1-7-210. Enforcement of Warehouse's Lien
26-1-7-302. Through Bills of Lading and Similar Documents
26-1-7-303. Diversion; Reconsignment; Change of Instructions
26-1-7-304. Bills of Lading in a Set
26-1-7-306. Altered Bills of Lading
26-1-7-308. Enforcement of Carrier's Lien
26-1-7-309. Duty of Care; Contractual Limitation of Carrier's Liability
26-1-7-401. Irregularities in Issue of Receipt or Bill or Conduct of Issuer
26-1-7-402. Duplicate Receipt or Bill; Overissue
26-1-7-403. Obligation of Warehouse or Carrier to Deliver; Excuse
26-1-7-404. No Liability for Good Faith Delivery Upon Receipt or Bill
26-1-7-501. Form of Negotiation and Requirements of "Due Negotiation"
26-1-7-502. Rights Acquired by Due Negotiation
26-1-7-503. Form of Negotiation and Requirements of "Due Negotiation"
26-1-7-505. Endorser Not a Guarantor for Other Parties
26-1-7-506. Delivery Without Endorsement; Right to Compel Endorsement
26-1-7-507. Warranties on Negotiation or Transfer of Receipt or Bill
26-1-7-508. Warranties of Collecting Bank as to Documents
26-1-7-509. Receipt or Bill; When Adequate to Comply With Commercial Contract
26-1-7-601. Lost and Missing Documents
26-1-7-602. Attachment of Goods Covered by a Negotiable Document