CHAPTER 3. CLEANING LIEN FOR SERVICES ON AND STORAGE OF CLOTHING AND HOUSEHOLD GOODS
IC 32-33-3
Chapter 3. Cleaning Lien for Services on and Storage of Clothing
and Household Goods
IC 32-33-3-1
Persons subject to lien; sale to pay charges
Sec. 1. (a) A person doing any cleaning, glazing, washing,
alteration, repair, or furnishing any materials or supplies for or upon
any garment, clothing, wearing apparel, or household goods has a
lien on the item for the reasonable value of the unpaid work, labor or
material, and supplies used. The lien may be foreclosed in the
manner provided by this chapter if at the time of receiving the
clothing, garment, wearing apparel, or household goods a written
receipt is given to the person or customer leaving the item.
(b) Any garment, clothing, wearing apparel, or household goods
remaining in the possession of a person, firm, partnership, limited
liability company, or corporation:
(1) on which cleaning, pressing, glazing, or washing has been
done; or
(2) upon which alterations or repairs have been made, or on
which materials or supplies have been used or furnished;
for a period of at least ninety (90) days after the cleaning, pressing,
glazing, or washing has been done, the alterations or repairs have
been made, or the materials or supplies have been used or furnished
may be sold to pay the reasonable or agreed charges and the costs of
notifying the owner or owners. However, the person, firm,
partnership, limited liability company, or corporation to whom the
charges are payable and owing must first notify the owner or owners
of the time and place of the sale.
(c) Property that is to be placed in storage after any of the services
or labors referred to in subsection (a) or (b) is not affected by this
section.
As added by P.L.2-2002, SEC.18.
IC 32-33-3-2
Sale to pay storage charges
Sec. 2. (a) This section does not apply to persons, firms,
partnerships, limited liability companies, or corporations operating
as warehouses or warehousemen.
(b) All garments, clothing, wearing apparel, or household goods:
(1) that are placed in storage; or
(2) on which any of the services or labors mentioned in section
1 of this chapter have been performed and that have then been
placed in storage by agreement;
and that remain in the possession of a person, firm, partnership,
limited liability company, or corporation without the reasonable or
agreed charges having been paid for a period of ninety (90) days may
be sold to pay the charges if the person, firm, partnership, limited
liability company, or corporation to whom the charges are payable
first notifies the owner or owners of the items placed in storage of
the time and place of sale.
As added by P.L.2-2002, SEC.18.
IC 32-33-3-3
Mailing letter constituting notice
Sec. 3. The mailing of a letter that has a return address, that is
addressed to the owner at the owner's address given at the time of
delivery of the article to a person, firm, partnership, limited liability
company, or corporation to render any of the services or labors set
forth in section 1 of this chapter, and that states the time and place of
sale constitutes notice for the purposes of section 2 of this chapter.
The notice must be given at least thirty (30) days before the date of
sale. The cost of posting or mailing letters under this section shall be
added to the charges.
As added by P.L.2-2002, SEC.18.
IC 32-33-3-4
Proceeds of sale to pay service or storage charges
Sec. 4. The person, firm, partnership, limited liability company,
or corporation to whom the charges are payable shall:
(1) from the proceeds of sale, deduct the charges due plus the
costs of notifying the owner;
(2) hold the over-plus, if any, subject to the order of the owner;
(3) immediately after the sale mail to the owner at the owner's
address, if known, a notice of the sale and the amount of
over-plus, if any, due the owner; and
(4) at any time within twelve (12) months after the sale, upon
demand by the owner, pay to the owner the sums or over-plus.
As added by P.L.2-2002, SEC.18.
IC 32-33-3-5
Posting notice of sale
Sec. 5. All persons, firms, partnerships, limited liability
companies, or corporations taking advantage of this chapter must
keep posted in a prominent place in their receiving office at all times
two (2) notices that must read as follows:
"All articles cleaned, pressed, glazed, laundered, washed,
altered, or repaired and not called for in ninety (90) days shall
be sold to pay charges," and "If any articles are stored by
agreement and the charges are not paid for ninety (90) days, the
articles shall be sold to pay charges."
As added by P.L.2-2002, SEC.18.