Release of lien; filing executed certificate; entry in lien book; lienholders liability

Sec. 7. (a) To release a lien perfected under section 4 of this chapter, the operator of the hospital that claims the lien must file with each recorder in whose office the notice of the hospital lien was filed an executed certificate:

(1) stating that the claim filed by the hospital for treatment, care, and maintenance has been paid or discharged; and

(2) authorizing the recorder to release the lien.

The hospital shall bear the expense of obtaining a release.

(b) Upon receipt of the certificate, the recorder shall enter in the margin of the record of the lien and the entry book a memorandum of the filing and the date the certificate was filed. This entry constitutes a release of lien for which the recorder shall receive the fee prescribed in IC 36-2-7-10.

(c) If the amount of a lien has been satisfied or paid and subsequently a demand for a release of the lien is made, the lienholder is liable to the person, firm, limited liability company, or corporation against whose interest the lien has been filed for twenty-five dollars ($25) for each day that the lien remains in effect after the fifteenth day after the demand for a release of the lien was made.

(d) The operator of the releasing hospital shall mail a copy of the release of lien certificate required under subsection (a) to the department of insurance within ten (10) days after the certificate was filed with the recorder.

[Pre-2002 Recodification Citation: 32-8-26-7.]

As added by P.L.2-2002, SEC.18. Amended by P.L.173-2013, SEC.5.