How do I collect a lien on a workers comp case my tenant filed ?
The tenant was unable to pay rent for 3 months because of a workers comp incident , so his lawyer told me to file a lien . I did , and the tenant told me they settled the case . The tenant said they were paid and asked if I have received my portion of the money ( the lien ) and I said know . So I wanted to know what to do next .
The first thing I would do is ask to see a copy of the paperwork to verify that it said that I was to be paid. You can get a copy from the tenant, his attorney or from the court.
Assuming the paperwork shows that I'm to be paid, I would contact the defendant, either the insurance company or their attorney, and ask why I haven't been paid. If it's been more than 30 days since the judge approved the settlement, you can ask for a late payment penalty of 25% plus 10% per annum interest. If you don't get anywhere with this, you may have to file a Declaration of Readiness to Proceed (www.dir.ca.gov) to take it back to court to get paid.
If you had actually filed the lien with all the wacky Document Cover sheet and divider sheet with the proof of service with the Workers Compensation Appeals Board (WCAB), you would have been placed on the Official Address Record.
a "party" on the Official Address REcord must be 'served' (mailed) a copy of the Order Approving Compromise & RElease Agreement (plus that compromise & release agreement).
If you did not get a hearing notice nor an Order Approving Compromise & release agreeement, I doubt seriously that your lien was filed in a place where the Judge could recognize it.
If I thought you were a true 'filed' lien claimant, I'd advise filing a Declaration of Readiness to Proceed for a Lien Conference. There, the defense attorney gives you the copies of the settlement and the judge's order on the settlement if you haven't been served already.
But it costs $150 to file the lien, so if you can get the adjuster to pay on the lien without actually filing it with the WCAB, write your demand letter to the defense attorney and adjuster demanding the payment (purportedly) ordered by the WCAB Judge.