Sec. 23. (a) This section applies to a unit or holder of a mechanic's lien under this chapter, including a towing service, city, town, or county.

(b) Except as provided in subsection (c), if the person who owns or holds a lien upon a vehicle does not appear within twenty (20) days after the mailing of a notice or the notification made by electronic service under section 19 of this chapter, the holder of a mechanic's lien may sell the vehicle or parts by either of the following methods:

(1) The holder of a mechanic's lien may sell the vehicle or parts to the highest bidder at a public sale or public auction. Notice of the sale or auction shall be given under IC 5-3-1, except that only one (1) insertion in an appropriate publication one (1) week before the public sale or auction is required.

(2) The unit may sell the vehicle or part as unclaimed property under IC 36-1-11. The twenty (20) day period for the property to remain unclaimed is sufficient for a sale under this subdivision.

(c) This subsection applies to a consolidated city or county containing a consolidated city. If the person who owns or holds a lien upon a vehicle does not appear within fifteen (15) days after the mailing of a notice or the notification made by electronic service under section 19 of this chapter, the holder of a mechanic's lien may sell the vehicle or parts by either of the following methods:

(1) The holder of a mechanic's lien may sell the vehicle or parts to the highest bidder at a public sale. Notice of the sale shall be given under IC 5-3-1, except that only one (1) newspaper insertion one (1) week before the public sale is required.

(2) The unit may sell the vehicle or part as unclaimed property under IC 36-1-11. The fifteen (15) day period for the property to remain unclaimed is sufficient for a sale under this subdivision.

[Pre-1991 Recodification Citation: 9-9-1.1-7(b) part.]

As added by P.L.2-1991, SEC.10. Amended by P.L.92-1997, SEC.6; P.L.191-2007, SEC.15; P.L.125-2012, SEC.125; P.L.147-2016, SEC.6; P.L.157-2017, SEC.5.