Petition to Dismiss inactive lien (California)

The filing and enforcement of liens (different states refer to these with different terms) to secure payment for services or goods against a workers' compensation award is complex and filled with special rules - this category is for questions and discussion of this special area of work comp law.

Petition to Dismiss inactive lien (California)

Postby spreare on Sat Jul 27, 2013 4:38 pm

scenario: case in chief settled mid Jan, 2013, of which my office was a lien claimant, filing lien a few months before that. we send several requests to carrier to resolve our bill to no avail. We receive the defense petition to dismiss inactive lien. What can we do? Can we activate lien and request judge not dismiss our lien? I notice law reads "Lien may be dismissed." it does not read "must be dismissed."
What will happen if we activate lien and for DOR for LC?
thank you!
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Re: Petition to Dismiss inactive lien (California)

Postby ymcgavin@socal.rr.com on Sun Jul 28, 2013 8:37 am

Spreare,

At your board, pay the activation fee as well as prepare a DOR today and make a copy; tomorrow morning, date stamp both on the 4th floor; ask for a "block setting" page from the clerk; fill in the blanks; then, go down to calendar on the 2nd floor with your proof of payment of the activation fee, one copy of your DOR, and the completed "block setting" page to get a date for a lien conference. One will be set before a WCJ acts on the task. If the calendar clerk gives you any grief, go see the PJ.

Good luck,

York McGavin
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Re: Petition to Dismiss inactive lien (California) (California)

Postby spreare on Mon Jul 29, 2013 9:21 am

Thank you York
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Re: Petition to Dismiss inactive lien (California)

Postby spreare on Mon Jul 29, 2013 1:43 pm

Should I also write a letter to the judge asking him to set aside the motion to dismiss lien?
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Re: Petition to Dismiss inactive lien (California)

Postby vampireinthenight on Tue Jul 30, 2013 8:01 am

What you should do is file an Objection to Defendant's Motion to Dismiss Lien. Lay out all the facts that support your position, ie. Defendant's non-compliance with the Reg, etc. That would make me happy to see as a judge.
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