Sec. 6. (a) Before a lienholder may sell the die, mold, form, jig, or pattern, the lienholder must, in writing, by certified mail, return receipt requested, notify the customer and any person whose security interest is perfected by filing of the following:
(1) The lienholder's intention to sell the die, mold, form, jig, or pattern thirty (30) days after the customer's receipt of the notice.
(2) A description of the die, mold, form, jig, or pattern to be sold.
(3) The time and place of the sale.
(4) An itemized statement for the amount due.
(b) If upon receipt of this notice the customer informs the lienholder in writing of the customer's objections regarding the amount due, the lienholder may file a complaint to foreclose the lien.
(c) If there is no return of the receipt of mailing, or if the postal service returns the notice as being nondeliverable, the lienholder must publish notice of the lienholder's intention to sell the die, mold, form, jig, or pattern in a newspaper of general circulation in the county where the die, mold, form, jig, or pattern is being held for sale by the lienholder. The notice must include a description of the die, mold, form, jig, or pattern and the name of the customer.
[Pre-2002 Recodification Citation: 32-8-37-5.]
As added by P.L.2-2002, SEC.18.
Structure Indiana Code
Article 33. Liens on Personal Property
Chapter 16. Liens on Dies, Molds, Forms, and Patterns
32-33-16-1. "Customer" Defined
32-33-16-2. "Fabricator" Defined
32-33-16-3. Lien; Right to Possession
32-33-16-4. Notice to Enforce Lien
32-33-16-5. Sale of Die, Mold, Form, Jig, or Pattern at Auction
32-33-16-6. Notice to Customer and Persons Having Perfected Security Interests
32-33-16-7. Disbursement of Excess
32-33-16-8. Sales in Violation of Federal Patent or Copyright Law Prohibited