How to File a Mechanics Lien in Indiana
Step 1 — Confirm you have lien rights in Indiana
Indiana's recorded rules cover general contractors, subcontractors and suppliers (Ind. Code § 32-28-3-3). Each of those roles has its own filing window — see Step 3. Indiana rule detail: File mechanic's lien within 90 days of last furnishing of labor or materials on commercial projects.
Step 2 — Indiana requires no preliminary notice
Indiana does not condition lien rights on an early notice. That removes the most common way claims are lost, but it also means the Step 3 filing date is your only checkpoint. Indiana rule detail: File mechanic's lien within 90 days of last furnishing on commercial projects; 60 days for single-family residential.
Step 3 — Your Indiana filing deadline
Indiana sets the window by claimant role: • General contractors: within 90 days of your last day of work or materials. • Subcontractors and suppliers: within 90 days of your last day of work or materials, or within 60 days of your last day of work or materials. The clock runs from last date of furnishing — not your invoice date. Punch-list and warranty callbacks generally do not restart it. Indiana rule detail: RESIDENTIAL: File mechanic's lien within 60 days of last furnishing on single-family residential projects.
Step 4 — Prepare and record the lien in Indiana
Record in the county where the property sits, under Ind. Code § 4-13.6-7-4. The document must identify the property, the owner of record, the amount actually owed, and what you furnished. Overstating the amount can void the claim outright. Indiana rule detail: File suit to enforce lien within 1 year of recording. Lien expires after 1 year without enforcement.
Step 5 — Serve the recorded Indiana lien
Indiana requires service on County Recorder and Prime Contractor and Surety and Prime Contractor. Use Certified Mail, Return Receipt Requested and keep the receipt. In many states an unserved lien is unenforceable even though it appears on title. Indiana rule detail: Written notice within 60 days of last furnishing on public works projects. No lien on public property.
Step 6 — Enforce before the Indiana deadline expires
You must sue to foreclose within 1 year (filing) (40 U.S.C. § 3133(b)(2)). Miss it and the lien expires and title clears, leaving only a contract claim. Indiana rule detail: File suit on payment bond within 1 year of last furnishing.
Retainage rules that affect your Indiana claim
Indiana treats retainage on its own schedule (Ind. Code § 5-17-5-3.5), so money still held back may have a different due date than your progress billings. Indiana rule detail: Second-tier claimants only. No notice = no bond claim.
Other Indiana requirements that void liens
• File no sooner than 90 days AND no later than 1 year. • Public: prime must pay sub within 7 days of receiving payment from public owner. Interest accrues on late public payments. • Retainage released within 60 days of substantial completion. 10% maximum retainage on public contracts.
Frequently Asked Questions
How long do I have to file a mechanics lien in Indiana?
Indiana requires the lien to be recorded within 60 days (res) / 90 (comm), measured from last date of furnishing. The exact window depends on your role — general contractors: within 90 days of your last day of work or materials.
Do I need to send a preliminary notice before filing in Indiana?
No. Indiana does not require a preliminary notice as a precondition to filing, which is unusual. Your filing deadline is therefore the only checkpoint protecting your lien rights.
Where do I file a mechanics lien in Indiana?
File with the county recorder's office in the county where the property is located. Filing in the wrong county does not preserve your deadline, and re-filing in the correct county after the deadline will not save the claim.
What happens if I miss the Indiana filing deadline?
Your lien rights are extinguished. Indiana courts do not grant extensions for missed mechanics lien deadlines. You would be left with a breach-of-contract claim against whoever hired you, which carries no security interest in the property and is far harder to collect.
How long does a mechanics lien last in Indiana?
Once recorded, you must file suit to enforce within 1 year (filing). If you do not, the lien expires automatically and no longer clouds the property's title.