§ 18-46-107 — Enforcement of perfected liens - Parties

(a) (1) A practitioner, nurse, hospital, or ambulance service provider that has perfected a lien under the provisions of this chapter to secure the payment of a debt for service rendered may enforce that lien by any proper action against the patient, the tortfeasor, and the insurer, jointly or severally, in any court of competent jurisdiction. (2) However, no such action shall be begun after action on the debt itself is barred by the statute of limitations. (b) (1) The plaintiff in any such case shall make any and all persons having interests in the subject matter of the action, of whose interest he or she has knowledge, parties defendant. Any person having an interest in the subject matter of the action who is not made a party to it may, with the consent of the court, become a party in order to protect his or her interest. (2) Persons having an interest in the subject matter of the action include, within the meaning of this section, all persons authorized by this chapter to establish liens to secure their interests, those whose claims against the patients are not, as well as those whose claims against the patients are, due at the time of the commencement of the action. (c) Any two (2) or more persons having liens on the same claim or right of action of any patient may join in bringing action setting forth their respective rights in their pleading. (d) An action to which any practitioner, nurse, hospital, or ambulance service provider having a lien on the subject matter is a party shall not be dismissed without his or her consent.

Legislative History

Acts 1933, No. 130, § 10; Pope's Dig., §§ 7998, 10827; A.S.A. 1947, § 51-810; Acts 1993, No. 271, § 6.