Title 26, COMMERCIAL LAW

Sec. 11.5. (a) For each month a renter is in default under the rental agreement, an owner may impose and collect a late fee that does not exceed the greater of the following: (1) Twenty dollars ($20). (2) Twenty percent (20%) of the monthly rent. (b) In addition to a late fee aut…

Sec. 12. (a) After a renter has been in default continuously for at least five (5) days, an owner may begin enforcement of the owner's lien under this chapter. (b) An owner enforcing the owner's lien under this chapter may: (1) deny the renter access to the self-service storage f…

Sec. 13. Before any sale or other disposition of the personal property under this chapter, the renter may redeem the personal property by paying the owner an amount sufficient to satisfy the owner's lien. Upon the payment of this amount, the owner shall immediately return the per…

Sec. 14. (a) After the expiration of the time stated in the owner's notice under section 12(c)(2) of this chapter, if the personal property has not been otherwise disposed of in a manner described in section 12(c)(7)(A)(ii) or 12(c)(7)(B) of this chapter, an owner enforcing the o…

Sec. 15. (a) Any sale of the personal property under this chapter shall be held: (1) at the self-service storage facility or, if that facility is not a suitable place for a sale, at the suitable place nearest to where the property is held or stored; or (2) through a publicly acce…

Sec. 16. (a) This chapter does not impair the power of the parties to a rental agreement to create rights, duties, or obligations that do not arise from this chapter. The rights provided to an owner by this chapter are in addition to all other rights provided by law to a creditor…

Sec. 2. As used in this chapter, "emergency" means any sudden, unexpected occurrence or circumstance at or near a self-service storage facility that requires immediate action to avoid injury to persons or property at or near the self-service storage facility. As added by P.L.265-…

Sec. 3. As used in this chapter, "last known address" means the postal address or electronic mail address provided to the owner by the renter: (1) for the purposes of the latest rental agreement; or (2) in a written notice of a change of postal address or electronic mail address …

Sec. 4. As used in this chapter, "rented space" means the individual storage space at a self-service storage facility that is rented to a renter under a rental agreement. As added by P.L.265-1987, SEC.1.

Sec. 5. As used in this chapter, "renter" means: (1) a person who is entitled to the use of a rented space in a self-service storage facility under a rental agreement; or (2) the sublessee, successor, or assignee of a person described in subdivision (1). As added by P.L.265-1987,…

Sec. 6. As used in this chapter, "owner" means: (1) the owner, operator, lessor, or sublessor of a self-service storage facility; (2) the agent of a person described in subdivision (1); or (3) any person authorized by a person described in subdivision (1) to manage a self-service…

Sec. 7. As used in this chapter, "personal property" means movable property not affixed to land. The term includes goods, wares, merchandise, household items, motor vehicles, trailers, and watercraft. As added by P.L.265-1987, SEC.1. Amended by P.L.144-2014, SEC.3; P.L.93-2023, S…

Sec. 8. As used in this chapter, "rental agreement" means any written agreement or lease that establishes or modifies the terms under which a renter may store personal property in a rented space in a self-service storage facility. As added by P.L.265-1987, SEC.1.

Sec. 9. As used in this chapter, "self-service storage facility" means any real property designed and used for the renting of space under a rental agreement that provides a renter access to rented space for the storage and retrieval of personal property. As added by P.L.265-1987,…

Sec. 9.5. As used in this chapter, "verified mail" means any method of mailing that: (1) is offered by the United States Postal Service or a private delivery service; and (2) provides evidence of mailing. As added by P.L.144-2014, SEC.4.

Sec. 9.8. In addition to the statement required by section 11(c) of this chapter, a rental agreement under this chapter must include space for the renter to designate an alternative contact to receive notices required by this chapter. The failure or refusal of a renter to designa…

Sec. 1. A person who knowingly or intentionally refuses or fails to: (1) collect from producers under the program; or (2) pay producer premiums collected from producers under the program; commits a Class A misdemeanor. In addition to the criminal penalty under this section, the g…

Sec. 2. A person who knowingly makes any false statement, representation, or certification, or who knowingly fails to make any statement, representation, or certification, in any record, report, or other document filed or required to be filed or maintained by the director, agency…

Sec. 3. Except as permitted by law, a person who willfully or knowingly resists, prevents, impedes, or interferes with the board or other agents or employees of the corporation or the board in the performance of the duties assigned under this article commits a Class A misdemeanor…

Sec. 4. (a) A member of the board who knowingly violates the terms of a confidentiality agreement executed under this article commits a Class A misdemeanor. (b) A person convicted of violating this section is ineligible to serve on the board. As added by P.L.114-2025, SEC.78.

Sec. 0.2. The addition of IC 32-2-1.5 (before its repeal, now codified in this chapter) by P.L.275-1989 does not apply to credit agreements entered into before July 1, 1989. As added by P.L.220-2011, SEC.419.

Sec. 1. (a) As used in this chapter, "credit agreement" means an agreement to: (1) lend or forbear repayment of money, goods, or things in action; (2) otherwise extend credit; or (3) make any other financial accommodation. (b) The term includes an agreement to: (1) amend or modif…

Sec. 2. As used in this chapter, "creditor" means: (1) a bank, a savings bank, a trust company, a savings association, a credit union, an industrial loan and investment company, or any other financial institution regulated by any agency of the United States or any state, includin…

Sec. 3. As used in this chapter, "debtor" means a person who: (1) obtains credit under a credit agreement with a creditor; (2) seeks a credit agreement with a creditor; or (3) owes money to a creditor. [Pre-2002 Title 32 Recodification Citation: 32-2-1.5-3.] As added by P.L.2-200…

Sec. 4. (a) A debtor may assert: (1) a claim for legal or equitable relief; or (2) a defense to a claim; arising from a credit agreement only if the credit agreement at issue satisfies the requirements set forth in subsection (b). (b) A debtor may assert a claim or defense under …

Sec. 102. (1) To the extent that the following statutes are inconsistent with IC 26-1-7, the statutes are repealed: IC 32-33-14, dealing with liens for warehousing and forwarding. IC 26-3-4, prescribing requirements of warehouse receipts for goods stored in another state. (2) To …

Sec. 104. (1) IC 26-1-7 does not repeal or modify any laws prescribing the form or contents of documents of title or the services or facilities to be afforded by bailees, or otherwise regulating bailees' businesses in respects not specifically dealt with in IC 26-1; but, the fact…

Sec. 1. As used in this chapter, "motor vehicle" means a vehicle that is self-propelled. As added by P.L.38-2009, SEC.1.

Sec. 2. As used in this chapter, "motor vehicle repossession agent" means a person who physically repossesses a motor vehicle or watercraft on behalf of another person or on the person's own behalf. As added by P.L.38-2009, SEC.1.

Sec. 3. As used in this chapter, "repossess" or "repossesses" means to take possession of personal property used as collateral under IC 26-1-9.1-609. As added by P.L.38-2009, SEC.1.

Sec. 4. As used in this chapter, "sheriff's department of the county" includes a consolidated law enforcement department established in IC 36-3-1-5.1. As added by P.L.38-2009, SEC.1.

Sec. 5. As used in this chapter, "watercraft" has the meaning set forth in IC 9-13-2-198.5. As added by P.L.38-2009, SEC.1.

Sec. 6. (a) A motor vehicle repossession agent who repossesses or intends to repossess a motor vehicle or watercraft must provide the following information, if available, to the sheriff's department of the county having jurisdiction in the location where the motor vehicle reposse…

Sec. 7. A motor vehicle repossession agent who violates section 6 of this chapter commits a Class C infraction. As added by P.L.38-2009, SEC.1.

Sec. 1. This chapter does not apply to the following persons when engaged in an activity otherwise covered by this chapter: (1) A financial institution or an employee of a financial institution if the activity is conducted by the employee on behalf of that financial institution. …

Sec. 2. As used in this chapter, "collateral" means any personal property that is subject to a security, lease, or rental agreement. The term does not include a recreational vehicle permanently attached to a foundation and used as a primary residence. As added by P.L.81-2026, SEC…

Sec. 3. As used in this chapter, "collateral recovery agency" means any person that, for consideration: (1) advertises as providing; or (2) is engaged in the business of performing; a repossession. As added by P.L.81-2026, SEC.7.

Sec. 4. As used in this chapter, "hazardous material" means a material or waste that has been determined to be hazardous or potentially hazardous to human health, to property, or to the environment by: (1) the United States: (A) Environmental Protection Agency; (B) Nuclear Regula…

Sec. 5. As used in this chapter, "repossession" means to take physical possession of personal property that was used as collateral. As added by P.L.81-2026, SEC.7.

Sec. 6. A collateral recovery agency must store collateral at a location within Indiana after repossession until the collateral is: (1) redeemed; or (2) transferred to auction. As added by P.L.81-2026, SEC.7.

Sec. 7. (a) A collateral recovery agency must include ten (10) days of collateral storage in the collateral recovery agency's standard repossession rate. (b) The legal owner or lien holder of the collateral must pay the collateral recovery agency a fee of fifteen dollars ($15) pe…

Sec. 101. This chapter shall be known and may be cited as Uniform Commercial Code - Controllable Electronic Records. As added by P.L.199-2023, SEC.90.

Sec. 102. (a) In this chapter the following definitions apply: (1) "Controllable electronic record" means a record stored in an electronic medium that can be subjected to control under section 105 of this chapter. The term does not include a controllable account, a controllable p…

Sec. 103. (a) If there is a conflict between this chapter and IC 26-1-9.1, IC 26-1-9.1 governs. (b) A transaction subject to this chapter is subject to: (1) any applicable rule of law that establishes a different rule for consumers; and (2) any: (A) other statute or regulation th…

Sec. 104. (a) This section applies to the acquisition and purchase rights in a controllable account or a controllable payment intangible, including the rights and benefits under subsections (c), (d), (e), (g), and (h) of a purchaser and a qualifying purchaser, in the same manner …

Sec. 105. (a) A person has control of a controllable electronic record if the electronic record, a record attached to or logically associated with the electronic record, or a system in which the electronic record is recorded: (1) gives the person: (A) power to avail itself of sub…