Mechanics Lien Filing Package — Indiana

Mechanics Lien Filing Package (Indiana)

Quick-Reference Summary

IC 32-28-3-6 generally measures one year from recording, but subsection (c) recognizes an extension tied to a qualifying written credit executed by the lienholder and all record owners and timely recorded in the same manner as the lien notice.

Part A — Pre-Lien Notice (Covered Residential Credit Furnishings Only)

STATE OF INDIANA — COUNTY OF [________________________________]

PRE-LIEN NOTICE — NOTICE OF MECHANIC'S LIEN RIGHTS

(Pursuant to Ind. Code § 32-28-3-1)

Applicable track:

☐ Alteration/repair of owner-occupied 1-2 family dwelling — subsection (h)
☐ Original 1-2 family construction intended for owner occupancy — subsection (i)

The claimant must have sold or furnished on credit to someone other than the applicable owner or legal representative.

TO: [Occupying Owner under subsection (h) / Owner named in applicable transfer books under subsection (i)]
[Owner Address]

FROM (Claimant):
Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: IN ZIP: [____]
Phone: [________________________________]

You are hereby notified that the undersigned has furnished or is furnishing on credit labor, materials, or machinery for the improvement of real property described as follows:

Street address: [________________________________]
County: [________________________________]
Legal description: [________________________________]

The party with whom the undersigned has contracted is: [________________________________]

The undersigned may acquire mechanic's lien rights under Indiana Code § 32-28-3 if the applicable statutory conditions are met. This notice of work and lien rights is furnished within sixty (60) days (original construction) or thirty (30) days (alteration/repair) after the first delivery or labor under Indiana Code § 32-28-3-1(i) or (h), respectively. For original construction under subsection (i), a copy must also be filed with the county recorder within that sixty-day period.

Date first labor or materials furnished: [__/__/____]

Date of this notice: [__/__/____]

____________________________________
[Claimant Signature], [Title]

Notarial acknowledgment (if recorded):

STATE OF INDIANA, COUNTY OF [________________________________], ss:

Before me, a Notary Public in and for said County and State, personally appeared [________________________________], who acknowledged execution of the foregoing instrument this [____] day of [____________], [____].

____________________________________
Notary Public — [Printed Name]
Indiana county of commission (or primary employment for a qualifying nonresident notary): [____]
Commission expires: [__/__/____]
[Seal]

If this notice is filed with the recorder under subsection (i), complete the following at the conclusion of the recorded notice:

This instrument was prepared by [PREPARER FULL NAME]. Governmental agency, if any: [AGENCY NAME / NONE].

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. [PREPARER FULL NAME]

Part B — Sworn Statement and Notice of Intention to Hold Mechanic's Lien

Submit this part and its required exhibits as the recording instrument; keep the remaining package parts outside it.

STATE OF INDIANA — COUNTY OF [________________________________]

SWORN STATEMENT AND NOTICE OF INTENTION TO HOLD MECHANIC'S LIEN

(Pursuant to Ind. Code § 32-28-3-3)

The undersigned, being first duly sworn, gives notice of intention to hold a mechanic's lien upon the following described real property:

1. Description of property:

Street address: [________________________________]
City/Township: [________________________________] County: [________________________________]
Legal description (sufficient for identification — attach Exhibit A if lengthy):
[________________________________]
Tax parcel / key number: [________________________________]

2. Record owner:

Name: [________________________________]
Latest address shown on county property-tax records: [________________________________]

3. Claimant (lienholder) — name and address for notices under IC 32-28-3-10:

Name: [________________________________]
Address: [________________________________]

4. Person who contracted with claimant:

[________________________________]

5. Amount of lien claimed: $[____]

6. Description of labor, materials, machinery, or equipment furnished:

[________________________________]

7. Dates of furnishing:

First date: [__/__/____] Last date: [__/__/____]

8. Project type (controls the deadline):

☐ Work related to a Class 2 structure or an auxiliary improvement on the same real estate, as currently defined by IC 22-12-1-5 → 60-day deadline under IC 32-28-3-3(b)
☐ Other project class → 90-day deadline under IC 32-28-3-3(a)

Date presented for recording: [__/__/____] Deadline: [__/__/____]

Affidavit:

I affirm under the penalties for perjury that the foregoing representations are true.

____________________________________
[Claimant Signature] Date: [__/__/____]
Printed name and title: [________________________________]

Jurat for sworn lien statement:

STATE OF INDIANA, COUNTY OF [________________________________], ss:

Subscribed and sworn to before me this [____] day of [____________], [____].

____________________________________
Notary Public — [Printed Name]
Commission expires: [__/__/____]
Indiana county of commission (or primary employment for a qualifying nonresident notary): [____]
[Seal]

Acknowledgment for recording:

STATE OF INDIANA, COUNTY OF [________________________________], ss:

Before me, a [NOTARIAL OFFICER TYPE], on [__/__/____], [SIGNER NAME] acknowledged execution of the foregoing Sworn Statement and Notice of Intention to Hold Mechanic's Lien.

____________________________________
Notarial officer signature — [Printed Name and Title]
Commission number, if applicable: [________________________________]
Indiana county of commission (or primary employment for a qualifying nonresident notary), if a notary public: [____]
Commission expires, if a notary public: [__/__/____]
[Seal]

This instrument was prepared by [PREPARER FULL NAME]. Governmental agency, if any: [AGENCY NAME / NONE].

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. [PREPARER FULL NAME]

Part C — Recorder Mailing Verification / Optional Courtesy Copy

[Claimant Letterhead]

[__/__/____]

OPTIONAL COURTESY COPY — NOT A SUBSTITUTE FOR THE RECORDER'S DUTY

[Owner Name]
[Owner Address]

Re: Notice of Recorded Mechanic's Lien — [Property Address]

Dear [Owner]:

On [__/__/____], a Sworn Statement and Notice of Intention to Hold Mechanic's Lien was recorded against the above-referenced property at the [________________________________] County Recorder's Office as Instrument No. [____]. Under Indiana Code § 32-28-3-3(d), the recorder—not the claimant—must mail one filed duplicate by first-class mail to the owner named in the notice not later than three business days after recordation.

The lien is in the amount of $[____] and secures labor and/or materials furnished by [Claimant] between [__/__/____] and [__/__/____].

A courtesy copy of the recorded Notice is enclosed. The claimant should obtain the recorder's mailing record and confirm that the sworn notice supplied the owner's latest address shown in the county property-tax records.

Any foreclosure deadline, recorded-credit extension, or owner demand under IC 32-28-3-6 or -10 must be calculated separately.

Sincerely,

____________________________________
[Claimant / Counsel]
[Address / Phone / Email]

Enclosure: Recorded Sworn Statement and Notice of Intention to Hold Mechanic's Lien

Part D — Complaint to Foreclose Mechanic's Lien

STATE OF INDIANA
[________________________________] COUNTY

IN THE [CIRCUIT / SUPERIOR] COURT

Cause No. [____]

COMPLAINT TO FORECLOSE MECHANIC'S LIEN

(Ind. Code § 32-28-3-6)

Plaintiff [Claimant], for its Complaint against Defendants, alleges:

Parties, Jurisdiction, and Venue

1. Plaintiff is a [corporation / LLC / individual] with its principal office at [________________________________].

2. Defendant [Owner] is the record owner of real property located at [________________________________] in [____] County, Indiana ("the Property").

3. Defendant [Contractor / Obligor] is the party with whom Plaintiff contracted.

4. This action to enforce a lien is filed in the circuit or superior court of the county where the Property is situated under IC 32-28-3-6(a). This county is a preferred venue for lien foreclosure under Trial Rule 75(A)(2).

Factual Allegations

5. On [__/__/____], Plaintiff entered into a contract with [____] to furnish [labor / materials] for improvements to the Property in the amount of $[____].

6. Plaintiff furnished labor and/or materials to the Property from [__/__/____] through [__/__/____].

7. There remains due and owing to Plaintiff the sum of $[____] after all just credits.

8. [If subsection (h) or (i) applied:] Plaintiff furnished on credit without owner privity and timely furnished the applicable Pre-Lien Notice; for original construction under subsection (i), Plaintiff also timely filed a copy with the county recorder.

9. On [__/__/____], Plaintiff recorded a Sworn Statement and Notice of Intention to Hold Mechanic's Lien at the [____] County Recorder's Office as Instrument No. [____].

10. The sworn notice stated the owner's latest property-tax-record address. The county recorder's record shows first-class mailing of one filed duplicate to the owner under IC 32-28-3-3(d) on [__/__/____].

11. All conditions precedent under IC 32-28-3 have been performed.

Count I — Foreclosure of Mechanic's Lien (IC 32-28-3-6)

12. Plaintiff incorporates the foregoing paragraphs.

13. Plaintiff seeks foreclosure of its mechanic's lien against the Property in the amount of $[____], interest and costs if separately authorized, and reasonable attorney's fees under IC 32-28-3-14 if Plaintiff recovers a judgment and subsection (b)'s owner-paid consideration exception does not apply.

Count II — Breach of Contract (against [Contractor / Obligor])

14. Plaintiff incorporates the foregoing paragraphs.

15. Defendant [Contractor / Obligor] breached the contract by failing to pay $[____].

Prayer for Relief

WHEREFORE, Plaintiff respectfully requests judgment:

a. Foreclosing Plaintiff's mechanic's lien on the Property in the principal amount of $[____];
b. Ordering sale of the Property in satisfaction of the lien;
c. Awarding prejudgment interest and costs if separately authorized and reasonable attorney's fees under IC 32-28-3-14 if Plaintiff recovers a judgment and subsection (b) does not apply;
d. Entering judgment against [Contractor / Obligor] for $[____]; and
e. Granting such further relief as is just.

Dated: [__/__/____]

____________________________________
[Attorney Name], Atty. No. [____]
[Firm Name]
[Address] | [Phone] | [Email]

The attorney's signature supplies the certification under Indiana Trial Rule 11. A separate verification is needed only if a rule, statute, or court order specifically requires one for this complaint. The sworn lien statement in Part B is a separate instrument.

Part E — Pre-Filing Checklist

Eligibility & contract

☐ Project is on private real property in Indiana
☐ Claimant fits a class stated in IC 32-28-3-1(a), including the applicable contractor, subcontractor, mechanic, equipment lessor, journeyman, laborer, or other labor/material/machinery provider
☐ Checked whether a qualifying no-lien contract was timely recorded under IC 32-28-3-1(e)–(g)

Pre-lien notice under IC 32-28-3-1(h) or (i)

☐ Confirmed claimant furnished on credit to someone other than the applicable owner or legal representative
☐ Determined whether project is original 1-2 family construction intended for owner occupancy (60-day furnish-and-file route) or alteration/repair of an owner-occupied 1-2 family dwelling (30-day furnish route)
☐ Pre-Lien Notice prepared with all required parties and property description
☐ Original construction: furnished owner named in applicable transfer books and filed with County Recorder within 60 days after first delivery or labor
☐ Alteration/repair: furnished occupying owner within 30 days after first delivery or labor; retained reliable delivery evidence

Sworn Statement and Notice of Intention to Hold Mechanic's Lien (Part B)

☐ Determined correct deadline — 60 days for the Class 2 structure/auxiliary-improvement class in subsection (b), or 90 days under subsection (a)
☐ Property description sufficient to identify the real estate
☐ Claimant's correct address (where § 32-28-3-10 notices can be served) included
☐ Owner of record verified through current title or recorder index
☐ Filed in duplicate and sworn or verified by qualifying Indiana counsel as permitted by § 32-28-3-3
☐ Recording acknowledgment or proof and preparer/redaction statements completed
☐ Recorded at the correct County Recorder's office before deadline

Recorder mailing / courtesy copy (Part C)

☐ Sworn notice used the owner's latest address shown in county property-tax records
☐ Paid the recorder's statutory $2 mailing fee and obtained the recorder's record of first-class mailing within three business days
☐ Optional claimant courtesy copy clearly identified as supplemental to, not a substitute for, the recorder's mailing duty

Foreclosure (Part D)

☐ Calendared the one-year-from-recording deadline or documented every element of a qualifying written and recorded credit under § 32-28-3-6(c)
☐ Calendar prepared to respond to a Notice to Commence Suit under IC 32-28-3-10 within 30 days
☐ Complaint drafted with counsel's Rule 11 signature, count for foreclosure, and count for breach of contract; checked for any separate verification requirement
☐ Filed in Circuit or Superior Court for the county where property is located
☐ Checked current court and recording requirements for any lis pendens or other case-specific filing

Documentation

☐ Original contract and any change orders
☐ Itemized invoices and payment ledger
☐ Daily reports, delivery tickets, time records
☐ Photographs and project correspondence
☐ Title report identifying record owner and prior encumbrances

Sources and References

• Indiana Code 2026, Title 32, Article 28, Chapter 3
• Indiana Trial Rule 75(A)(2)
• Indianapolis Recorder — Mechanic's Lien Filing: https://www.indy.gov/activity/file-a-mechanics-lien