how to protect former attorney lien from dismissal oklahoma

by Mr. Benedict Buckridge 3 min read

1. Medical Liens held by Healthcare Providers

I’ve previously explained that a large part of what I do for my clients is negotiate reductions in their medical bills, that way when they get their settlement, they keep more of it and have less bills to pay. Often, those medical providers will have filed liens to enforce their medical bills.

In Oklahoma, certain types of liens attach to your injury settlement proceeds, and must be paid in full unless your attorney negotiates a reduction

Liens relating to your injury case are very serious matters that must be addressed, because they attach directly to your settlement proceeds. That means that once you get the money, the holders of such liens can garnish that money from your bank account or get a court order to obtain the money from you.

A story with a happy ending: How I negotiated with the State of Oklahoma to allow my client to keep all of his settlement and instead continue his existing payment plan toward his back child support

Even though the State has a new policy of non-negotiation with regards to child support liens, I recently made a deal with them to forgo attachment of their lien to my client’s settlement proceeds. I recently obtained a large settlement for a client involved in a high-speed car accident on the highway.

Ethics Counsel

A client for whom you or a member of your law firm has done work comes to the law office and requests that all of his files be delivered to him.

Ethics Opinion No. 295

A client for whom you or a member of your law firm has done work comes to the law office and requests that all of his files be delivered to him.

What is institutionalized individual?

This is a person who is a patient in a nursing facility, a medical institution to whom payment is made based on the level of care provided in a nursing facility, or someone who fits the description set forth in Section 1396 (a) (10) (A) (ii) (VI) of the statute.

When did the Deficit Reduction Act become law?

Additional information can be found in the Deficit Reduction Act of 2005, signed into law by President Bush on February 8, 2006 and made effective in Oklahoma in August 2007, with most provisions of the DRA retroactive to the February 2006 date.

What is a VPO in Oklahoma?

Under Oklahoma law, victims of specified crimes are offered protection from an alleged abuser or offender through a protective order (PO) or victim protection order (VPO). These orders, commonly called restraining orders, are intended to prevent harassment, intimidation, or harm by an individual accused of domestic abuse ...

What is an emergency temporary order?

These emergency temporary orders are given when a person is perceived to be in immediate need of protection, but the court is closed. A responding police officer should have the petition available for a person seeking protection to complete. A judge then typically gives verbal approval for the emergency temporary order.

How long can you go to jail for violating a restraining order?

The penalties increase significantly if a person is harmed during the violation of a restraining order. When this occurs, the defendant can face up to 5 years in prison in addition to any penalties the person faces for the underlying assault and battery.

Is a restraining order a felony?

Under 22 O.S. § 60.6, violating a restraining order is a misdemeanor on the first offense and a felony for a second or subsequent offense.

What is a VPO?

By law, a VPO must be “substantially similar” to a PO issued in a domestic abuse case. Both types of orders are intended to prevent the person accused of abuse or assault from having contact with the alleged victim of the crime. Essentially it is a court order issued by a judge that bars the person named from physical contact, verbal contact, ...

How long does a temporary restraining order last?

Temporary restraining orders last only until the courthouse closes the first day following the incident that prompted the emergency temporary order. Emergency orders of protection last until the hearing for the final order of protection. In most cases, that is within 14 days.

What to do if you have a protective order hearing?

If you have been served with emergency orders or received notice of a protective order hearing, it is important to speak with a defense lawyer about your case. With proper defense, you may be able to get the order dismissed and prevent final orders being issued against you. If you have a prior restraining order on your record, contact us to find out how to have the record cleared.