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.

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.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.

Best of luck,

Law Guy

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