32-33-16-0.5. Application

Sec. 0.5. This chapter does not apply to a special tool under IC 32-33-20. As added by P.L.73-2009, SEC.3.

32-33-16-1. “Customer” Defined

Sec. 1. As used in this chapter, “customer” means any individual or entity who contracts with or causes a fabricator to use a die, mold, form, jig, or pattern to manufacture, assemble, or otherwise make a product. [Pre-2002 Recodification Citation: 32-8-37-1 part.] As added by P.L.2-2002, SEC.18.

32-33-16-2. “Fabricator” Defined

Sec. 2. As used in this chapter, “fabricator” means any individual or entity, including a tool or die maker, who: (1) manufactures or causes to be manufactured, assembles, or improves a die, mold, form, jig, or pattern for a customer; or (2) uses or contracts to use a die, mold, form, jig, or pattern to […]

32-33-16-3. Lien; Right to Possession

Sec. 3. (a) A fabricator has a lien, dependent on possession, on any die, mold, form, jig, or pattern in the fabricator’s possession belonging to the customer for the amount due the fabricator from the customer for fabrication work performed with the die, mold, form, jig, or pattern. (b) A fabricator may retain possession of […]

32-33-16-4. Notice to Enforce Lien

Sec. 4. (a) Before enforcing a lien under this chapter, notice in writing must be given to the customer, whether delivered personally or sent by certified mail to the last known address of the customer. (b) The notice required under subsection (a) must: (1) state that a lien is claimed for the damages set forth […]

32-33-16-5. Sale of Die, Mold, Form, Jig, or Pattern at Auction

Sec. 5. If the lienholder has not been paid the amount due within sixty (60) days after the notice provided for in section 4 of this chapter, the lienholder may sell the die, mold, form, jig, or pattern at auction if: (1) the die, mold, form, jig, or pattern is still in the lienholder’s possession; […]

32-33-16-6. Notice to Customer and Persons Having Perfected Security Interests

Sec. 6. (a) Before a lienholder may sell the die, mold, form, jig, or pattern, the lienholder must, in writing, by certified mail, return receipt requested, notify the customer and any person whose security interest is perfected by filing of the following: (1) The lienholder’s intention to sell the die, mold, form, jig, or pattern […]

32-33-16-7. Disbursement of Excess

Sec. 7. If the sale is for a sum greater than the amount of the lien plus all reasonable expenses of the sale, any excess shall be paid to the customer and any prior lienholder. [Pre-2002 Recodification Citation: 32-8-37-6.] As added by P.L.2-2002, SEC.18.

32-33-16-8. Sales in Violation of Federal Patent or Copyright Law Prohibited

Sec. 8. A sale may not be made under this chapter if the sale would be in violation of any right of a customer under federal patent or copyright law. [Pre-2002 Recodification Citation: 32-8-37-7.] As added by P.L.2-2002, SEC.18.

32-33-16-9. Actions for Replevin Not Barred

Sec. 9. This chapter does not bar a customer from bringing action for replevin under IC 32-35-2. [Pre-2002 Recodification Citation: 32-8-37-8.] As added by P.L.2-2002, SEC.18.