Arkansas Code Annotated

Ark. Code Ann. § 18-46-108 (2020)

Liens assignable — Enforcement

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  1. All liens or claims of liens that accrue to any practitioner, nurse, hospital, or ambulance service providers under this chapter are assignable.
  2. Proceedings to enforce assigned liens or claims of liens may be maintained by, and in the name of, the assignee. The assignee shall have as full and complete power to enforce the lien or claim of lien assigned to him or her as if proceedings to that end were taken under this chapter by and in the name of the assignor.

History. Acts 1933, No. 130, § 11; Pope's Dig., §§ 7999, 10828; A.S.A. 1947, § 51-811; Acts 1993, No. 271, § 7.

Research References

Ark. L. Rev.

Transmissibility of Certain Contingent Future Interests, 5 Ark. L. Rev. 111.

Case Notes

Full Amount of Lien Not Discharged.

Where hospital's assignee established lien pursuant to this section and received a pro rata share of settlement proceeds pursuant to § 18-46-117, acceptance of amount less than full amount of the lien did not discharge the entire debt as court order apportioning settlement and extinguishing the lien did not raise or determine issue of debtor's liability on the entire debt, was not the equivalent of extinguishing the debt and did not bar assignee, under the doctrine of res judicata, from seeking payment of the greater amount, and there was no agreement between the parties that acceptance of a lesser amount would operate as an accord and satisfaction of the debt. Fort Smith Serv. Fin. Corp. v. Parrish, 302 Ark. 299, 789 S.W.2d 723 (1990).

Notes of Decisions
Cited in 2 cases, 1990–1998 · leading case: Fort Smith Serv. Fin. Corp. v. Parrish, 789 S.W.2d 723 (Ark. 1990).
Fort Smith Serv. Fin. Corp. v. Parrish, 789 S.W.2d 723 (Ark. 1990). · cites it 2× “Ark. Code Ann. § 18-46-105 (1987). If the case is settled and the amount of the settlement is not sufficient to pay all lien claimants in full, each claimant receives a pro rata share as computed under Ark.”
In re Petry, 224 B.R. 899 (Bankr. C.D. Ill. 1998). “See Ark.Code Ann. § 18-46-108 (Mi-chie 1987) (Arkansas Medical, Nursing, Hospital, and Ambulance Service Lien Act); Colo.”
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