Legal Question in Credit and Debt Law in Alabama

lein on my property

My husband and I live in Alabama.We were married in 2008 there is a hospital bill owed for his daughter from 2007.The hospital said there was a lein on my property his name is not on the property...Can this happen?


Asked on 3/31/09, 6:23 pm

3 Answers from Attorneys

Rhonda Hood Hood & Lay, LLC

Re: lein on my property

I'm not sure what type of lien to which the hospital may be referring.

The hospital has a lien created by statute for the reasonable charges for its treatment of an "injured person". This is called a "hospital lien" and is applicable to any funds received by the injured person from the entity that caused the injury.

Otherwise, for the hospital to have a "lien" it would first have to obtain a judgment by bringing a lawsuit. The lien could then only rightfully be placed against the party against whom the judgment was obtained. If there was no judgment obtained against you, then it would be wrongful for a lien to be placed against your property.

You should verify this. I suggest you pull a copy of your credit reports, which usually reflect a lien. You can obtain them for free annually. You can also check for a lien with the court in the county where your property is located. If you wuold like to discuss this further, feel free to call me.

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Answered on 3/31/09, 7:11 pm
Rhonda Hood Hood & Lay, LLC

Re: lein on my property

I'm not sure what type of lien to which the hospital may be referring.

The hospital has a lien created by statute for the reasonable charges for its treatment of an "injured person". This is called a "hospital lien" and is applicable to any funds received by the injured person from the entity that caused the injury.

Otherwise, for the hospital to have a "lien" it would first have to obtain a judgment by bringing a lawsuit. The lien could then only rightfully be placed against the party against whom the judgment was obtained. If there was no judgment obtained against you, then it would be wrongful for a lien to be placed against your property.

You should verify this. I suggest you pull a copy of your credit reports, which usually reflect a lien. You can obtain them for free annually. You can also check for a lien with the court in the county where your property is located. If you wuold like to discuss this further, feel free to call me.

Read more
Answered on 3/31/09, 7:12 pm
Rhonda Hood Hood & Lay, LLC

Re: lein on my property

I'm not sure what type of lien to which the hospital may be referring.

The hospital has a lien created by statute for the reasonable charges for its treatment of an "injured person". This is called a "hospital lien" and is applicable to any funds received by the injured person from the entity that caused the injury.

Otherwise, for the hospital to have a "lien" it would first have to obtain a judgment by bringing a lawsuit. The lien could then only rightfully be placed against the party against whom the judgment was obtained. If there was no judgment obtained against you, then it would be wrongful for a lien to be placed against your property.

You should verify this. I suggest you pull a copy of your credit reports, which usually reflect a lien. You can obtain them for free annually. You can also check for a lien with the court in the county where your property is located. If you wuold like to discuss this further, feel free to call me.

Read more
Answered on 3/31/09, 7:13 pm


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