Mechanics Lien Filing Package — Indiana

Mechanics Lien Filing Package (Indiana)

Quick-Reference Summary

The Indiana deadline cannot be extended. See IC 32-28-3-6; Premier Investments v. Suites of America, Inc., 644 N.E.2d 124 (Ind. 1994).

Part A — Pre-Lien Notice (Residential Owner-Occupied Projects Only)

STATE OF INDIANA — COUNTY OF [________________________________]

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

(Pursuant to Ind. Code § 32-28-3-1)

TO: [Owner Name]
[Owner Address]

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

You are hereby notified that the undersigned has been employed or has furnished or is furnishing labor, materials, machinery, or equipment 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, as a person furnishing labor, materials, machinery, or equipment, is entitled under Indiana Code § 32-28-3 to a mechanic's lien on the above property in the event of non-payment. Pursuant to Indiana Code § 32-28-3-1, this notice is being provided within sixty (60) days (new construction) or thirty (30) days (repair/alteration) after the undersigned first performed labor or furnished materials.

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]
County of residence: [____] Commission expires: [__/__/____]

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

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: [________________________________]
Address: [________________________________]

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):

☐ Residential — owner-occupied or intended to be owner-occupied single or two-family dwelling → 60-day deadline under IC 32-28-3-3(b)
☐ Commercial / industrial / multi-family 3+ / other → 90-day deadline under IC 32-28-3-3(b)

Date this Notice recorded: [__/__/____] Deadline: [__/__/____]

Affidavit:

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

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

Notarial acknowledgment:

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

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

____________________________________
Notary Public — [Printed Name]
Commission expires: [__/__/____]

Part C — Notice of Filing Lien Claim to Owner

[Claimant Letterhead]

[__/__/____]

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED

[Owner Name]
[Owner Address]

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

Dear [Owner]:

Pursuant to Indiana Code § 32-28-3-3(c), the undersigned hereby provides notice that 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. [____].

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

A copy of the recorded Notice is enclosed. Indiana law (IC 32-28-3-6) requires the undersigned to commence a foreclosure action within one (1) year of recording. We hope to avoid litigation and invite you to contact the undersigned to discuss payment.

If you wish to compel the undersigned to bring a foreclosure action sooner, you may serve a written notice under IC 32-28-3-10, which will reduce the foreclosure deadline to thirty (30) days from receipt.

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 Court has subject-matter jurisdiction under IC 33-29 and venue is proper under Trial Rule 75(A)(2) because the property is located in this county.

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 residential 1-2 dwelling owner-occupied:] On [__/__/____], Plaintiff served a Pre-Lien Notice under IC 32-28-3-1.

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. On [__/__/____], Plaintiff mailed a copy of the recorded notice to [Owner] under IC 32-28-3-3(c).

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 is entitled to foreclose its mechanic's lien against the Property in the amount of $[____], plus prejudgment interest, costs, and reasonable attorney's fees under IC 32-28-3-14.

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 Plaintiff prejudgment interest, costs, and reasonable attorney's fees under IC 32-28-3-14;
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]

Verification:

I affirm under the penalties for perjury that the foregoing is true to the best of my knowledge and belief.

____________________________________
[Authorized representative of Plaintiff] Date: [__/__/____]

Part E — Pre-Filing Checklist

Eligibility & contract

☐ Project is on private real property in Indiana
☐ Claimant is a contractor, subcontractor, mechanic, equipment lessor, journeyman, laborer, supplier, architect, surveyor, or engineer (IC 32-28-3-1(a))
☐ No "no-lien" contract has been validly recorded against the property under IC 32-28-3-1(e)–(g) (Class 2 / utility / public projects)

Pre-lien notice (residential owner-occupied 1-2 dwellings)

☐ Determined whether project is "new construction" (60-day; record AND serve) or "alterations/repairs" (30-day; serve only)
☐ Pre-Lien Notice prepared with all required parties and property description
☐ Recorded with County Recorder within 60 days of first work (new construction)
☐ Mailed certified mail to owner within deadline; return receipt retained

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

☐ Determined correct deadline — 60 days (residential 1-2) or 90 days (other)
☐ 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
☐ Sworn / notarized before recording
☐ Recorded at the correct County Recorder's office before deadline

Notice to owner of recording (Part C)

☐ Copy of recorded Sworn Statement mailed to owner by certified mail within 60/90-day window — IC 32-28-3-3(c)
☐ Return receipt retained

Foreclosure (Part D)

☐ Calendar tickled for one-year foreclosure deadline
☐ Calendar prepared to respond to a Notice to Commence Suit under IC 32-28-3-10 within 30 days
☐ Complaint drafted with verification, count for foreclosure, count for breach of contract
☐ Filed in Circuit or Superior Court for the county where property is located
☐ Lis pendens filed and recorded promptly after suit commences

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 Title 32, Article 28, Chapter 3 (Mechanic's Liens — Buildings and Other Improvements): https://iga.in.gov/laws/2024/ic/titles/32#32-28-3
• IC § 32-28-3-1 (Lien rights; pre-lien notice — residential): https://law.justia.com/codes/indiana/title-32/article-28/chapter-3/section-32-28-3-1/
• IC § 32-28-3-3 (Sworn Statement; Notice of Intention): https://law.justia.com/codes/indiana/title-32/article-28/chapter-3/section-32-28-3-3/
• IC § 32-28-3-6 (Action to foreclose; one-year limitation): https://law.justia.com/codes/indiana/title-32/article-28/chapter-3/section-32-28-3-6/
• IC § 32-28-3-10 (30-day demand to commence foreclosure): https://codes.findlaw.com/in/title-32-property/in-code-sect-32-28-3-10/
• Premier Investments v. Suites of America, Inc., 644 N.E.2d 124 (Ind. 1994)
• Indianapolis Recorder — Mechanic's Lien Filing: https://www.indy.gov/activity/file-a-mechanics-lien