QUESTION
Will there be a lien on a settlement?
Asked on Apr 27th, 2012 on Personal Injury - California
More details to this question:
I paid for a friends civil law suit and we signed a contract that states its lien enforceable. My friend has completely stopped all communications with me. I have notified her attorney, is he required to pay me out of her settlement before he pays her?
4 ANSWERS
1 Award
While a lawyer would necessarily need to review the "contract" in order to tell you for sure whether a true lien was created, assuming a valid contract was formed for a legitimate purpose, and that contract by its terms gave you a valid lien, then your friends attorney should be given a copy of the lien contract. At that point he/she would be on Notice of the lien, and would sit in a duel fiduciary position, to the client and to you.
Answered on May 02nd, 2012 at 12:48 PM
Insurance Defense Litigation Attorney serving Auburn, CA
at
Graves Law Offices
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If you have a written agreement from your former "friend" acknowledging that you in fact paid the filing fee for her civil suit, which has now settled that written agreement would provide the basis for a claim against your "friend." However, the attorney, unless ordered to not resolve the issue by his client, should pay you out of the proceeds, especially if the attorney knew about the written agreement.
Answered on May 01st, 2012 at 12:55 PM
Personal Injury Attorney serving Newport Beach, CA
at
Johnson & Associates
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There is some conflict in this area of the law. In the case of Farmers v. Smith, 71 cal.App4th 660 the court says no but refers to another case that is unpublished and uncitable that says yes. If I were you I would assert that the attorney had notice of your lien and is obligated to pay it. If he does not sue him in small claims.
Answered on May 01st, 2012 at 12:48 PM
Personal Injury Attorney serving Beverly Hills, CA
Partner at
Engelman Law, APC
Does your friend's attorney have a copy of the writing signed by you and your friend regarding the lien? If not, I would suggest faxing a copy of it to him or her forthwith. Also, if the case is in formal litigation, you may wish to file a Notice of Lien with the court. This lien should be in pleading format with the caption of the case on the top. You may want to consult with my office re: drafting the Notice of Lien. This would be the best way to ensure that your lien is honored. If the lien is not honored, you may have a subsequent breach of contract case against your friend for failure to honor the written lien. But statutes of limitation apply to your remedies, so always be mindful of that and check with an attorney to advise you on the applicable statutes.
Answered on May 01st, 2012 at 12:35 PM