Define: Charging Lien

Charging Lien
Charging Lien
Full Definition Of Charging Lien

A charging lien is a legal claim or encumbrance placed on a person’s property or assets in order to secure payment of a debt or obligation. It allows a creditor to have a priority claim on the proceeds from the sale or disposition of the property in the event of default or non-payment. The charging lien is typically created through a written agreement or court order and can be enforced through legal action.

Charging Lien FAQ'S

A charging lien is a legal claim placed on a client’s recovery in a lawsuit by their attorney to secure payment for legal services provided.

An attorney can place a charging lien on a client’s recovery when there is an unpaid balance for legal services provided in a specific case.

A charging lien can be placed on any type of case where legal services were provided, including personal injury, family law, and business litigation cases.

A charging lien is enforced by filing a legal document with the court where the case was litigated, notifying all parties involved in the case of the attorney’s claim to the client’s recovery.

Yes, a client can dispute a charging lien if they believe the attorney’s claim for payment is unjustified or excessive.

If a client refuses to pay the attorney’s charging lien, the attorney may have the right to pursue legal action to enforce the lien and collect the unpaid fees.

The amount of a charging lien is typically limited to the reasonable value of the attorney’s services provided in the case.

Yes, an attorney may choose to waive their right to a charging lien if they agree to a different payment arrangement with the client.

To prevent a charging lien from being placed on their recovery, a client should ensure they have a clear and agreed-upon fee arrangement with their attorney before the case is resolved.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 23rd April 2024.

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