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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5066
Experience:  Extensive experience representing employees and management
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HI There, Terry here, Im not sure id Californian Law is the

Customer Question

HI There, Terry here, I'm not sure id Californian Law is the same as Florida regarding this matter but basically if a person who is a non citizen has a large operation but is not covered by insurance gets a huge bill but cannot pay it all at once ie gets a payment plan with the hospital to pay off the debt can the hospital put a lien on the holiday property that the person who has had the operation and is paying off the payment plan??
Also , if that person owes a family member a large sum of money also can that family member put a lien on that holiday property to ensure that the money owed is not siezed by the US hospital system?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

If the person is on a payment plan and is making payments according to the plan, then, no, the hostpital couldn't put a lien on the person's property who is paying off the payment plan.

However, if the person defaults on payments and the hospital sues them and obtains a judgment against them, they could have the judgment enforced by getting a lien put on the property.

The family member would also need to sue the family member and obtain a judgment against that person in order to request to have the judgment enforced by placing a lien on their property.
Customer: replied 2 years ago.

 

Hi there, Joseph, I dont actually understand this sentence below I'm afraid..can you make this a little clearer??

 

The family member would also need to sue the family member and obtain a judgment against that person in order to request to have the judgment enforced by placing a lien on their property.

 

Does this mean the family members ( there are actually two of them owed money ) have to sue their father ( who has got the bill ) in order to stop the hospital claiming the property..Sorry but its unclear!! Thanx for your quick answer...terry


Customer: replied 2 years ago.

 

Hi joseph,

As it is late in Americal now ( or early depending upon your view! I will get back to you tomorow so I can clear this up and ACCEPT your answer so you can get paid!!!

Cheers XXXXX XXXXX

terry.

Expert:  Joseph replied 2 years ago.
Yes, they would need to sue their father in order to obtain a judgment against him so they could apply to have a lien placed on his property. However, even if they have a lien on the property, it wouldn't prevent the hospital from also suing and obtaining a lien on the property.
Customer: replied 2 years ago.

 

Right OK Joseph. so then that gives a problem...is it a question of who sues first gets the priority for ownership ( or payment ) or doesnt that matter? Or is it a question of who is owed the largest amount gets priority...sounds a bit complicated lol!!! Supposing that the amount of the property doesnt cover the debt owed? ..what happens then???

Expert:  Joseph replied 2 years ago.
The person who sued first and records the lien against the property first would have priority in being paid first. If the property doesn't cover the debt that is owed, the hospital or family members could attempt to go after other assets in order to satisfy the debt, such as bank accounts or wages.
Joseph, Lawyer
Satisfied Customers: 5066
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Joseph
terry Buddell here again, are you in a position to answer 1a question regarding the same issue that we discussed before?
Awaiting your reply,
Terry buddell
( Customer with Justanswer )
8th November 2012
Expert:  Joseph replied 1 year ago.
Yes. I'd be happy to answer any additional questions you have.

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