How to Check if You Have a Hospital Lien in Texas
After receiving medical care following an accident, you may wonder if a hospital has filed a lien against your settlement. Understanding liens and how to check for them is critical to protecting your financial recovery.
What Is a Hospital Lien?
A lien is essentially a legal claim by a creditor—such as a hospital—indicating that they are owed money. In Texas, under the Texas Property Code, hospitals can file liens for medical care provided within the first 72 hours after a personal injury. This lien gives the hospital a priority right to be paid from any settlement or judgment you receive.
However, liens have statutory limitations on the amount a hospital can actually collect. An experienced attorney can review these liens, dispute excessive charges, and often significantly reduce the amount, ensuring you retain more of your settlement. Even if your medical bills exceed your settlement, the hospital may not be entitled to the full amount.
How to Find Out if a Lien Exists
Search County Property Records:
Hospital liens must be publicly filed in the county where the injured person resides, according to Texas law. For example, if you live in Dallas County, you would search the Dallas County property records. Use variations of your name—including middle names or initials—to ensure no filings are missed, as clerical errors or inconsistencies are common.Check the Statutory Filing Period:
Liens must be filed within a certain timeframe after treatment. If a lien hasn’t been filed when you receive your settlement, you are not technically required to pay the hospital immediately.Contact the County Clerk:
If online searches are inconclusive, you can call or visit the county clerk’s office. They can help verify whether a hospital lien exists under your name.Watch for Late Filings or Collections:
While you are generally safe if no lien is filed, keep in mind that hospitals or collection agencies may attempt to file a lien or pursue payment later. Having an attorney review any claims can prevent unexpected surprises.
Bottom Line
Checking for hospital liens in Texas is a critical step after an accident settlement. By understanding your rights, searching public records, and consulting an attorney, you can protect yourself from overpaying medical bills and ensure your settlement goes where it’s supposed to—into your pocket.
