§ 18-46-106 — Liens void after certain day unless action commenced

Arkansas § 18-46-106

• Jurisdiction: Arkansas
• Title: 18

Text

(a) If at the expiration of one hundred eighty (180) days immediately following the day on which the most recent notice, amendatory notice, or supplementary notice of a claim of lien was filed in the office of the clerk of the circuit court, as authorized by this chapter, and if, in any event, immediately on the expiration of the period during which the practitioner, nurse, hospital, or ambulance service provider can enter action to enforce his or her or its claim against the patient for compensation for service rendered, the lien remains unsatisfied and unreleased, and no suit by the practitioner, nurse, hospital, or ambulance service provider by which notice of the lien was filed to enforce that lien is pending in any court, then the lien shall be void and of no effect. (b) (1) Any patient against whose claim or right of action any void lien exists may enforce that claim or right of action discharged from that lien, on delivering to the tortfeasor or insurer an affidavit showing that no action is pending against the affiant to enforce the lien claimed by the practitioner, nurse, hospital, or ambulance service provider. (2) On filing a copy of that affidavit with the clerk of the circuit court in whose office notice of the lien was originally filed, the clerk shall enter on his or her docket and file a notation to show that the lien has lapsed and is void. (c) If the amount claimed under any lien has been paid into court, as authorized by this chapter, remains in the custody of the court after the lien has become void, on application by the tortfeasor or the insurer by which the money was so paid, supported by a copy of the record of the circuit court showing that the lien has lapsed, then the court may return the money to the person by whom it was deposited and give him or her judgment against the lienor for interest on the money during the time it was on deposit and for costs and a reasonable counsel fee. (d) Any person who, in order to obtain the release of an alleged lapsed lien, makes a false affidavit and delivers a copy of it to any tortfeasor or insurer or files a copy of any such affidavit in the office of the clerk of the circuit court shall be guilty of perjury and subject to the penalties prescribed for that offense. (e) If at the expiration of the one hundred eighty (180) days stated in subsection (a) of this section an action is pending by the practitioner, nurse, hospital, or ambulance service provider to enforce a claim of lien filed by him or her, the lien shall continue in full force and effect during the pendency of that suit, unless released by the practitioner, nurse, hospital, or ambulance service provider by whom the claim was filed.

Legislative History

Acts 1933, No. 130, § 7; Pope's Dig., §§ 7995, 10824; A.S.A. 1947, § 51-807; Acts 1993, No. 271, § 5; 1995, No. 790, § 1.