§ 18-46-105 — Notice required - Contents - Service - Amendments and supplements

Arkansas § 18-46-105

• Jurisdiction: Arkansas
• Title: 18

Text

In order to establish a lien under this chapter, a practitioner, nurse, hospital, or ambulance service provider shall comply with the following conditions: (1) Notice Required. (A) The practitioner, nurse, hospital, or ambulance service provider shall serve on the patient a written notice of his or her claim of lien and shall serve a copy of that notice on the tortfeasor or on the insurer, if there is any, or, at the discretion of the practitioner, nurse, hospital, or ambulance service provider, or both. He or she shall file a copy of the notice so served in the office of the clerk of the circuit court in the county in which his or her professional, nursing, hospital, or ambulance service has been, or is being, rendered. The notice shall be authenticated by an affidavit to show that the notice and copies of it have been served as required by this chapter. This notice may be served and recorded at any time while service is being rendered and at any time after the discontinuance of service so long as the claim of the practitioner, nurse, hospital, or ambulance service provider for compensation for service is not barred by the statute of limitations. (B) If, to the knowledge of the practitioner, nurse, hospital, or ambulance service provider, the patient against whose claim or right of action it is desired to establish a lien has instituted an action in any court in Arkansas to enforce his or her claim against the tortfeasor responsible for his or her injury, or against any insurer by which he or she was insured against loss through injury due to accident or accidental means, then the practitioner, nurse, hospital, or ambulance service provider may, in his or her or its discretion, in lieu of, or in addition to serving notice of his or her claim and recording the notice, as authorized by subdivision (1)(A) of this section, file a notice of his or her claim, duly authenticated under oath, in the court in which the action is pending. The filing of the notice of the claim shall be notice thereof to all parties to the action, without the serving of further notice of the recording of the copy of any notice in the office of the clerk of the circuit court. (2) Contents of Notice. (A) The notice required by this section shall show, so far as is known to the practitioner, nurse, hospital, or ambulance service provider on whose behalf it is filed or served: (i) The name and address of the tortfeasor and, if a lien is claimed against an insurer, then the name and address of that insurer; (ii) The name of the patient, his or her usual address, and his or her whereabouts when the notice is served, if elsewhere than at his or her usual address; (iii) The name and address of the person claiming the lien, and whether he or she claims as a practitioner, nurse, hospital, or ambulance service provider; (iv) The time when, place where, and circumstances under which the alleged fault or neglect of the tortfeasor occurred and the nature of the injury; and (v) If the service of the practitioner, nurse, hospital, or ambulance service provider has been completed, the amount for which his or her lien is claimed. (B) The notice shall be supported by an affidavit by the practitioner, nurse, hospital, or ambulance service provider showing that the facts stated of affiant's own knowledge are true, and that the facts stated on information and belief he or she believes to be true. (C) If the professional, nursing, hospital, or ambulance service on which the claim of lien is based has not been completed when notice of the claim of lien is served and the amount for which a lien is claimed is not stated in the notice, then the practitioner, nurse, hospital, or ambulance service provider on whose behalf the notice has been served shall serve, within sixty (60) days after the termination of service, a supplementary notice on each person previously notified and file a notice in the court in which the previous notice was filed, showing the amount claimed under the lien. (3) Method of Service of Notice. Any notice required by this chapter to be served shall be deemed to have been served: (A) If delivered to the person on whom it is to be served or left at his or her usual place of business or residence with some person of mature years employed or dwelling there; or (B) If delivered by registered mail at the last known address of the person to be notified, either within or without the State of Arkansas, as shown by the receipt returned by the United States Postal Service and by an affidavit by an affiant having personal knowledge of the facts, showing that the notice required by this section to be served was enclosed in the letter for which the receipt was returned, when that letter was deposited in the mail. (4) Amendatory and Supplementary Notices. The fact that a practitioner, nurse, hospital, or ambulance service provider has filed a notice of the lien as authorized by this chapter shall not prevent his or her filing amendatory or supplementary notices of liens subsequently, but every amendatory and supplementary notice shall be served and filed in the same manner as the original notice.

Legislative History

Acts 1933, No. 130, § 3; Pope's Dig., §§ 7991, 10820; A.S.A. 1947, § 51-803; Acts 1993, No. 271, § 4.