Must I honor a lien filed several years before my case is settled.Lien statutes seem to say an action must be filed within one year of the lien filing?
Answer: That was so before an amendment to the statute.42 O.S. Sec. 46 used to say that the lien must be enforced by suit within one year of the date of filing. In 1994 Subsection D was amended to substitute for "within one year the date of filing" the language which now appears "Such an action shall be brought within one (1) year after the physician or professional person licensed under Title 59 of the Oklahoma Statutes becomes aware of final judgment, settlement or compromise of the claim asserted or maintained by or on behalf of the injured person. The practice, pleading, and proceedings in the action shall conform to the rules prescribed by the Oklahoma Pleading Code[FN1]to the extent applicable."
So, you cannot safely ignore the old lien.
Posted on Mon, June 18, 2012
by Sharon Coleman filed under