Sec. 13. (a) Subject to section 14 of this chapter, if a special tool builder has not been paid the amount claimed in the notice required under section 12 of this chapter within ninety (90) days after the date the notice required under section 12 of this chapter has been received by the customer and the end user, the special tool builder:
(1) has a right to possession of the special tool; and
(2) may enforce the right to possession of the special tool by judgment, foreclosure, or any available judicial procedure.
(b) The special tool builder may do one (1) or more of the following:
(1) Take possession of the special tool. The special tool builder may take possession without judicial process if possession can be taken without breach of the peace.
(2) Sell the special tool in a public auction.
(c) A special tool builder is entitled to court costs and reasonable attorney's fees for expenses incurred under this section.
As added by P.L.73-2009, SEC.4.
Structure Indiana Code
Article 33. Liens on Personal Property
Chapter 20. Special Tool Liens
32-33-20-4. "Special Tool Builder"
32-33-20-5. Transfer of Rights, Title, and Interest in a Special Tool to an End User
32-33-20-6. End User Lien on a Special Tool
32-33-20-7. Notice to Customer of End User Lien
32-33-20-8. Sale of Special Tool at Public Auction
32-33-20-9. Notice to Customer of Special Tool Sale
32-33-20-10. Proceeds of Special Tool Sale
32-33-20-11. Special Tool Builder Security Interest on a Special Tool
32-33-20-12. Enforcement of Special Tool Builder Lien
32-33-20-13. Special Tool Builder Right to Possession of a Special Tool
32-33-20-14. Notice by Special Tool Builder; Sale of a Special Tool