Section 16-212 - Liens.
§ 16-212. Liens.
(a) Reasonable value of services.- The reasonable value of the services rendered to an indigent individual in accordance with this title is a lien on real or personal property in which the indigent individual has or acquires an interest, except for the residence of the indigent individual.
(b) Perfection of lien.- To perfect the lien, the Public Defender shall submit to the court having jurisdiction in the matter an affidavit setting forth the services rendered to the indigent individual and their reasonable value.
(c) Hearing.-
(1) The court shall set a hearing date and shall notify the indigent individual of the date and the fact that the Public Defender filed an affidavit to perfect the lien.
(2) The indigent individual may:
(i) appear;
(ii) be represented by an attorney;
(iii) present evidence; and
(iv) examine witnesses.
(3) The indigent individual may contest the affidavit.
(4) If the court determines that the Public Defender is not entitled to a lien, the proceeding shall be dismissed.
(5) If the court determines that the Public Defender is entitled to a lien, the court shall determine the reasonable value of the services rendered to the indigent individual.
(d) Recording of liens.-
(1) On adjudication, a lien shall be filed or docketed with the clerk of the circuit court or District Court where the services were performed or where the indigent individual works or resides.
(2) The lien shall:
(i) constitute a lien on the indigent individual's property for 10 years from the date of filing or docketing unless the lien is discharged sooner; and
(ii) have the force and effect of a judgment at law.
(3) (i) The clerks of the circuit courts and the District Court shall provide separate books to record liens under this section.
(ii) The books shall be properly indexed in the name of the debtor.
(iii) The Public Defender may not be required to pay filing or recording fees.
[An. Code 1957, art. 27A, § 7(d), (e); 2008, ch. 15, § 2.]