When you or a loved one receives medical care at a hospital, the last thing you want to worry about is whether the hospital will try to seize your property. However, it’s not unheard of for hospitals to attempt to put a lien on a patient’s home or personal injury lawsuit in order to recover unpaid medical bills. If you live in Florida, you may be wondering whether a hospital can put a lien on your house, and what you can do to protect your property.
In this article, we’ll explore the laws around hospital liens in Florida, and how Florida’s homestead exemption can help protect your home.
What is a Hospital Lien?
A hospital lien is a legal claim that a hospital can place on a patient’s property in order to secure payment for medical services. Hospitals can file a lien against a patient’s personal injury settlement or judgment, or against any property that the patient owns.
In Florida, hospitals have the right to file a lien against a patient’s property if they provide medical treatment related to a personal injury claim and if the county has enacted a code allowing hospital liens. The lien can be filed against any settlement or judgment the patient receives as a result of the injury.
Can a Hospital Put a Lien on Your House in Florida?
The short answer is yes, a hospital can put a lien on your house in Florida if you receive medical treatment related to a personal injury claim. However, there are some important limitations to this right.
First, the hospital must file a lawsuit against you and obtain a judgment against you in Court.
Second, the hospital must take the judgment and record it in the public records of the county where the patient owns land. The judgment becomes a lien on the property once it is recorded in the county’s public records.
Finally, it’s worth noting that hospitals in Florida’s homestead exemption protects a hospital judgment lien from attaching to a patient’s homestead property.
What is Florida’s Homestead Exemption?
Florida’s homestead exemption is a legal protection that applies to a person’s primary residence. Under Florida law, a person’s homestead is exempt from most creditors, including hospitals. This means that if a hospital tries to file a lien against your home, you may be able to claim a homestead exemption to protect your property.
In order to qualify for Florida’s homestead exemption, you must meet certain criteria. First, the property must be your primary residence. Second, you must own the property outright or have a legal interest in it (such as a mortgage). Finally, the property must be no more than half an acre if located within a municipality, or up to 160 acres if located outside a municipality.
If you meet these criteria, you can claim a homestead exemption to protect your property from hospital liens and other creditors. However, it’s important to note that there are some exceptions to this protection. For example, the homestead exemption does not protect against liens filed by the government for unpaid taxes or other debts.
Protecting Your Property Rights in Florida:
If you’re concerned about hospital liens and protecting your property in Florida, it’s important to understand your rights and options. While hospitals do have the right to file liens against a patient’s property, there are limitations to this right, and Florida’s homestead exemption can provide important protections.
Please feel free to reach out for a free consultation by emailing info@tejeslaw.com, calling (407) 734-5166 or using this link to schedule an appointment yourself.
Sources:
Florida Statute 55.10, https://www.flsenate.gov/Laws/Statutes/2012/0055.10.
