§ 34-15-15 - Lien upon causes of actions; procedure for perfecting lien; notice; fee; releases and covenants not to sue
O.C.G.A. 34-15-15 (2010)
34-15-15. Lien upon causes of actions; procedure for perfecting lien; notice; fee; releases and covenants not to sue
Where a person with disabilities who receives vocational rehabilitation services is entitled to recover damages for said injuries, the Division of Rehabilitation Services shall have a lien, in an amount not to exceed the cost of rehabilitation services rendered, upon any and all causes of action accruing to the individual to whom such services were furnished, or to the legal representative of such individual, on account of injuries giving rise to such cause of action and which necessitated such rehabilitation services, subject, however, to any attorney's lien. In order to perfect such lien, the Division of Rehabilitation Services shall file in the office of the clerk of the superior court of the county wherein the individual resides, a verified statement setting forth the name and address of such individual; the name and address of the Division of Rehabilitation Services; the amount claimed to be due for such vocational rehabilitation services; and, to the best of claimant's knowledge, the names and addresses of all persons, firms, or corporations claimed by such injured individual, or the legal representative of such individual, to be liable for damages arising from such injuries. The Division of Rehabilitation Services shall also, within one day after the filing of such claim or lien, mail a copy thereof to any person, firm, or corporation so claimed to be liable for such damages to the addresses as given in such statement. The filing of such claim or lien shall be notice thereof to all persons, firms, or corporations liable for such damages, whether or not they are named in such claim or lien. The clerk of the court shall endorse thereon the date and hour of filing in the hospital lien book, along with the name of the claimant, the injured person, the amount claimed, and the names and addresses of those claimed to be liable for damages. Such information shall be recorded in the name of the injured individual. The clerk shall be paid $1.00 as his fee for such filing. No release for such cause or causes of action or any judgment thereon, or any covenant not to sue thereon, shall be valid or effectual as against such lien unless the holder thereof shall join therein or execute a release of such lien; and the claimant of such lien may enforce the lien by an action against the person, firm, or corporation liable for such damages.