Lien On My Settlement Check...

by Tiffany
(Houston, TX)

I filed a personal injury claim and am receiving a settlement. I have liens on my settlement check. I'd like to know who the check will be sent out to, me or the company with the lien on it? I'd also like to know if the adjuster can tell anyone but me what my settlement offer is? Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Lien On My Settlement Check...":

Tiffany (Houston, TX):

If you had been represented by an attorney she would not have been permitted to discuss your settlement or anything at all about your case with anyone without your express permission.

An attorney would also have made sure the check came to you and his office before any amount went to anyone else. An attorney’s job is to protect his client first.

An attorney also could have negotiated a settlement with your lienholder(s). This is something which happens all the time. Attorneys, especially when settlement funds are limited, often contact lien holders and convince them to “compromise”, or lower the amount of their lien.

In your case you are regrettably at the mercy of the adjuster and your lienholder(s). The check will most probably be made payable to you AND the lienholder(s). This means the lienholder and you will have to endorse the check before it can be deposited.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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