Do I file an interpleader for a personal injury when I'm the doctors office in a 3rd party claim that the attorney states that my bills will not get paid because the attorney paid his bill before he pays any lien holders?
Answer
I am not entirely clear as to all the facts, but when a case is settled and you are not reimbursed, the basis of your lawsuit would be a new one alleging breach of contract, account stated, for failure to pay your billing. It would be a debt collection lawsuit. Interpleaders are when you claim a portion of the money being held by the court or which you want the court to hold. Here the money has already been distributed. You would sue your former patient and also his attorney if the attorney knew of your lien. It might also be possible to bring in the defense counsel and/or defendant if they knew the plaintiff's attorney was likely to take the money without paying your lien.
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