Sec. 6. (a) A property owner who is not a public official or public employee may send to the lienholder a notice requiring the lienholder to commence suit on the common law lien. The notice to commence suit must be made by first class mail to the lienholder at the address given in the lienholder's statement filed under section 5 of this chapter. (b) If the lienholder fails to commence suit within thirty (30) days after the postmark date of the notice to commence suit received by the lienholder, the common law lien is void. To release the common law lien from the real or personal property, the property owner must comply with the requirements of section 7 of this chapter. (c) The lienholder shall notify the county recorder in writing of: (1) the lienholder's commencement of a suit; or (2) the lienholder's intention not to commence suit. [Pre-2002 Recodification Citation: 32-8-39-4.]
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