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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 18362
Experience:  B.A.; M.B.A.; J.D.
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OAG sent a notice of lien to an insurance company that is

Customer Question

OAG sent a notice of lien to an insurance company that is working to settle an accident claim I had from a serious accident in December 2014. The notice of lien has multiple errors on it, but regardless, I cannot find where the lien was ever perfected.
In addition, the lien amount is for child support amounts that are currently being contested in Court because the child they claim I owe support for, has lived with me for over two years. Can I get this lien removed and if so, what do I file with the Court,
as in the name of the document. I have thousands of unpaid medical bills because the claim is not settled over this.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
OAG sent a notice of lien to an insurance company that is working to settle an accident claim I had from a serious accident in December 2014. The notice of lien has multiple errors on it, but regardless, I cannot find where the lien was ever perfected.
In addition, the lien amount is for child support amounts that are currently being contested in Court because the child they claim I owe support for, has lived with me for over two years. Can I get this lien removed and if so, what do I file with the Court,
as in the name of the document. I have thousands of unpaid medical bills because the claim is not settled over this.

Response: First contact the Child Support Unit of the Attorney General's Office and explain your situation to see if they would voluntarily release the lien. If they refuse to release the lien, then you need to file Motion with the Court for Order Releasing Child Support Lien. The entity who put the lien would be the Defendant in your Motion. You would be the Plaintiff. Child Support Lien is governed by Texas Family Code Title 5 Chapter 157 Subchapter G. See below. You can obtain Motion form at the Courthouse in the Clerk's office.
http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.157.htm#G
Contact Information for Child Support Division:
https://www.texasattorneygeneral.gov/cs/contact-the-child-support-division
Customer: replied 1 year ago.
Thank you for responding. Yes, I have tried. We are going to Court as well so I am hoping to present this at the time. I just need to know if there is any specific rule that I can use to get the release considering the amount is currently in dispute by about 10x actual owed, that they don't even know what I owe because the child has lived with me for 2 years while they put off the modification I requested, and the lien is not filed anywhere, that I can find. All I can see is that they basically can put a lien on anything allowed by law based on what their numbers say, not what is actual. Is the motion actually titled as Motion to Release Lien?
Expert:  Phillips Esq. replied 1 year ago.
Thank you for responding. Yes, I have tried. We are going to Court as well so I am hoping to present this at the time. I just need to know if there is any specific rule that I can use to get the release considering the amount is currently in dispute by about 10x actual owed, that they don't even know what I owe because the child has lived with me for 2 years while they put off the modification I requested, and the lien is not filed anywhere, that I can find. All I can see is that they basically can put a lien on anything allowed by law based on what their numbers say, not what is actual. Is the motion actually titled as Motion to Release Lien?
Response: I do not know of any other Rule except the one that I previously provided. The Motion should be titled Motion to Release Child Support Lien.