Legal Question in Workers Comp in Missouri

lien

I am a landlord. My renter, who slipped and fell on an icy parking lot, could not work. The insurance company would not pay lost wages. My renter fell behind on rent, three months. My renter now has an attorney who is seeking lost wages. Medical benefits are not under dispute by the insurer. To ensure my getting back rent, I am considering a lien on the eventual settlement. Otherwise, the renter could apply the settlement to luxuries rather than essentials. My question: do I need an attorney to impose the lien, or merely a signed, notarized form?

Thank you.


Asked on 5/06/03, 12:28 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: lien

It is possible to assert a valid lien without an attorney. It is also possible to drive your car with the doors open. I suggest you not do either. If your renter has an attorney, that counselor is probably already holding a lien against any settlement or judgnment, as well as your renter's unpaid caregivers, (if there are any.) You have no judgment, by which you could assert your lien, with any priority, so you could be down the list of recipients to a point where you get cents on the dollar compared to what you would have gotten from a paying tenant.

Why do you propose to avoid having the help of a legal counselor? Is it the fees you want to avoid? You might be able to solve that issue by having the tenant's attorney draft and sign the acknowledgement of the lien. It should be in the form of a contract, whereby, you agree to not evict the tenant before a certain time, in exchange for payment by a certain date, and only mention the uncertain lost wages money, by way of the tenant and their attorney both agreeing to pay you whatever is still owed, BEFORE any money goes to the tenant. That way you have them both locked in, somewhat.

Even having the tenant's attorney draft and sign the lien aggreement, will not protect you as well as getting your own attorney, to represent only you.

Good Luck,

Tony Smith

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Answered on 5/06/03, 1:19 pm


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