§42-44. Filing of notice of lien - Enforcement by civil action.
427 words·~2 min read·
/ok/title-42-liens/42-44·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. No such lien shall be effective unless a written notice containing a statement of the amount claimed, the name and address of the injured person, the date of the accident, the name and location of the hospital, and the name of the person or persons, firm or firms, corporation or corporations alleged to be liable to the injured party for the injuries received, shall be filed in the office of the county clerk of the county in which such hospital is located, on the mechanic's and materialman's docket, prior to the payment of any monies to such injured person, his attorneys or legal representatives, as compensation for such injuries; nor unless the hospital shall also send, by registered or certified mail postage prepaid, a copy of such notice with a statement of the date of filing thereof to the person or persons, firm or firms, corporation or corporations alleged to be liable to the injured party for the injuries sustained prior to the payment of any monies to such injured person, the injured person's attorneys or legal representatives, as compensation for such injuries.
Such hospital shall mail a copy of such notice to any insurance carrier which has insured such person, firm or corporation against such liability, if the name and address shall be known. Such hospital shall also send, by registered or certified mail, a copy of such notice to such patient upon whom emergency medical or other service has been performed, if the name and address of such patient shall be known to the hospital or can with reasonable diligence be ascertained. A copy of said notice shall be mailed to any attorney for the patient, provided that the hospital has notice of the name of such attorney.
B. The liens provided for in this section and Section 43 of this title may be enforced by civil action in the district court of the county where the lien was filed. Such an action shall be brought within one
(1)year after the hospital becomes aware of final judgment, settlement or compromise of the claim asserted or maintained by or on behalf of the injured person. The practice, pleading and proceedings in the action shall conform to the rules prescribed by the Oklahoma Pleading Code to the extent applicable. Added by Laws 1969, c. 231, § 2, emerg. eff. April 21, 1969. Amended by Laws 1978, c. 68, § 1, eff. Oct. 1, 1978; Laws 1994, c.
202, § 1, eff. Sept. 1, 1994; Laws 2018, c. 195, § 1, emerg. eff. May 3, 2018.