Sec. 23. (a) This section applies to a unit or holder of a mechanic's lien under this chapter, including a towing service, city, town, or county.
(b) Except as provided in subsection (c), if the person who owns or holds a lien upon a vehicle does not appear within twenty (20) days after the mailing of a notice or the notification made by electronic service under section 19 of this chapter, the holder of a mechanic's lien may sell the vehicle or parts by either of the following methods:
(1) The holder of a mechanic's lien may sell the vehicle or parts to the highest bidder at a public sale or public auction. Notice of the sale or auction shall be given under IC 5-3-1, except that only one (1) insertion in an appropriate publication one (1) week before the public sale or auction is required.
(2) The unit may sell the vehicle or part as unclaimed property under IC 36-1-11. The twenty (20) day period for the property to remain unclaimed is sufficient for a sale under this subdivision.
(c) This subsection applies to a consolidated city or county containing a consolidated city. If the person who owns or holds a lien upon a vehicle does not appear within fifteen (15) days after the mailing of a notice or the notification made by electronic service under section 19 of this chapter, the holder of a mechanic's lien may sell the vehicle or parts by either of the following methods:
(1) The holder of a mechanic's lien may sell the vehicle or parts to the highest bidder at a public sale. Notice of the sale shall be given under IC 5-3-1, except that only one (1) newspaper insertion one (1) week before the public sale is required.
(2) The unit may sell the vehicle or part as unclaimed property under IC 36-1-11. The fifteen (15) day period for the property to remain unclaimed is sufficient for a sale under this subdivision.
[Pre-1991 Recodification Citation: 9-9-1.1-7(b) part.]
As added by P.L.2-1991, SEC.10. Amended by P.L.92-1997, SEC.6; P.L.191-2007, SEC.15; P.L.125-2012, SEC.125; P.L.147-2016, SEC.6; P.L.157-2017, SEC.5.
Structure Indiana Code
Article 22. Abandoned, Salvaged, and Scrap Vehicles
9-22-1-1. Application of Chapter
9-22-1-5. Discovery of Possession by Person Other Than Vehicle Owner
9-22-1-7. Inability to Determine Ownership; Declaring Vehicle Abandoned
9-22-1-11. Tagging Abandoned Vehicle or Parts
9-22-1-12. Officer's Abandoned Vehicle Report; Photographs
9-22-1-13. Disposal of Vehicle or Parts; Retention of Records and Photographs by Bureau
9-22-1-14. Duties of Tagging Officer; Towing and Storage of Vehicle or Parts
9-22-1-15. Discovery of Vehicle Abandoned on Private Property
9-22-1-16. Towing Vehicle From Private Property
9-22-1-17. Notice to Bureau Given by Service Towing Vehicle From Rental Property
9-22-1-18. Complaint by Person Owning or Controlling Private Property
9-22-1-19. National Data Base Search; Notification; Storage Costs
9-22-1-21. Means of Vehicle Identification Not Available; Disposal Without Notice
9-22-1-21.5. Liens on Vehicles; Public Sale or Auction; Civil Damages
9-22-1-23. Public Sale by Unit or Holder of Mechanic's Lien; Notice
9-22-1-24. Purchasers at Public Sales; Bill of Sale; Fees; Roadworthiness of Vehicle
9-22-1-25. Payment of Removal, Storage, and Disposition Costs; Cost Limits
9-22-1-26. Sale Proceeds Credited Against Removal, Storage, and Disposition Costs
9-22-1-30. Fiscal Body Procedures Established by Ordinance; Abandoned Vehicle Fund
9-22-1-31. Public Agencies; Personnel, Property, and Towing Contracts; Fiscal Body Ordinances
9-22-1-32. Liability for Loss or Damage to Vehicle or Vehicle Parts