Bond or Lien Claim-Private Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Sworn Statement and Notice of Intention to Hold Lien Claim and Stop Notice

Scope: State of Indiana, Private Works.

Time Constraints: If dealing with an owner occupied single family dwelling, you must have served the required Preliminary Notice (Private Works) within the statutory time frame or you cannot file a lien claim (see Indiana Preliminary Notice, Private Works, memo for more information).  You must also have previously filed and served your Notice of Intention to File a Lien.  See Indiana Lien Warning Notice, Private Works, for more information.

Statement of Account and Notice of Intent to Lien: You must file your Statement of Account and Notice of Intent to Lien with the county recorder's office within 60 days, inclusive, after the last furnishing of labor, materials or service. You must also serve a copy by certified mail of the Statement of Account upon the owner and the prime contractor.

Stop Notice:  The Stop Notice may be prepared and served upon the owner, general contractor and lender separate from the Lien Claim.  They are sent certified mail under the same time constraints, but can be sent anytime during the course of the job.

Perfection: To perfect your mechanic's lien, you must file suit against the relevant parties to foreclose the lien and enforce any bond claim within 1 year of the date you filed your Statement of Account. Or, if the owners serve you with a notice requiring commencement of the legal action, you must do so within 30 days of receiving said notice.

Lien Bond: If suit has been filed to force a lien, an owner may release the lien on the property by filing a bond for payment of any judgment.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (do not pass these up. Estimate if necessary. In the case of Bond Claims, the lenders or sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Statement of Account and Notice of Intent to Lien, Stop Notice, if used, Exhibit's A-D, if needed and the Recorder's Letter.

Procedures: A Stop Notice is not filed with the county, but served via certified mail upon the owner, general contractor and lend.  Otherwise, within the statutory time limits, prepare your documents using the required information. File your lien claim, and send copies by certified mail immediately to the owner (a copy for the prime contractor is also in order) and a copy to the sureties, if known. At this point you are ready to file suit to enforce all of your claims in one action.

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