(a)
(1) If the lienholder has voluntarily parted with possession of any property upon which he or she has a lien under the provisions of this subchapter, he or she may still avail himself or herself of the lien within ninety (90) days after the work or labor is done or performed, or materials furnished.
(2) This may be done by filing, with the clerk of the circuit court of the county in which the debtor resides, a just and true itemized account for the demand due after allowing all credits and containing a description of the property to be charged with the lien, verified by the affidavit of the lienholder.
(b)
(1) The clerk of the circuit court shall file the account and make an abstract of it in the book of minutes or mortgages and deeds of trust of personal property.
(2) For this the clerk shall charge a fee of twenty-five cents (25cent(s)) to be paid by the person filing the account and the fee shall be a part of the costs of the enforcement of the lien.
(c) Liens as provided by this section may be enforced at any time within four (4) months after the accounts are filed, by suits in the circuit courts of the county. The cause shall proceed to judgment and final disposition as other matters of equitable cognizance and jurisdiction.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
