Sec. 4. (a) An employee having acquired a lien under this chapter may enforce the lien by filing a complaint in the circuit or superior court in the county where the lien was acquired at any time within six (6) months after the date of acquiring the lien, or if a credit is given, after the date of the credit.
(b) The court rendering judgment for the claim shall declare the claim a lien upon the corporation's property and order the property sold to pay and satisfy the judgment and costs, as other lands are sold on execution or decree.
(c) In an action brought under this section, the court shall make orders as to the application of the earnings of the corporation that are just and equitable, whether or not the relief is asked for in the complaint.
[Pre-2002 Recodification Citation: 32-8-24-3.]
As added by P.L.2-2002, SEC.13. Amended by P.L.45-2016, SEC.6; P.L.9-2022, SEC.68.
Structure Indiana Code
Article 28. Liens on Real Property
Chapter 12. Corporate Employees' Liens
32-28-12-0.2. Application of Certain Amendments to Prior Law
32-28-12-1. Work and Labor; Priority
32-28-12-2. Recording Lien; Priority
32-28-12-3. Real Estate Sale Commission Claims; Filing Notice; Priority
32-28-12-4. Complaint to Enforce Lien
32-28-12-5. Parties; Consolidation of Actions; Insufficient Proceeds of Sale
32-28-12-6. Undertaking of Defendant
32-28-12-7. Enforcement of Mechanic's Liens; Application of Law