Q: Is it legal to place a blank (no amount)social service 104 lien on my personal injury settlement in NY. Its a NF car acc

A: There's nothing inherently illegal about leaving the figure blank, especially if your attorney does not know the amount of the lien. If you were a recipient of public assistance, NYS would have a statutory lien against the settlement proceeds which must be paid before the settlement proceeds are disbursed. Unfortunately, given staffing shortages, DSS has a significant backlog which means they often take months to resolve liens.

A: I'm sorry to hear about the difficult and confusing situation you are facing. In New York, it is generally permissible for government agencies, such as the Department of Social Services (DSS), to place a lien on a personal injury settlement to recover costs associated with providing services. A Section 104 lien allows DSS to secure payment for services rendered, even if the exact amount owed is not yet determined. This means that placing a blank or undetermined amount lien on your settlement is legally allowable under New York law.

However, certain procedures must be followed to ensure the lien is properly executed. Typically, the attorney handling your settlement should notify DSS of the settlement and provide necessary documentation to facilitate the lien clearance. The absence of a specific amount on the lien can be standard practice when the exact costs are still being finalized by DSS.

It's concerning that you have not received a formal notice of the lien from DSS. New York law requires that you be informed of any liens placed on your settlement to ensure transparency and allow you the opportunity to address or contest the lien if necessary. I recommend taking the following steps:

- Contact Your Attorney: Discuss the status of the lien and request a detailed explanation of the process your lawyer is following to clear it. Ensure that they are actively communicating with DSS to determine the exact amount owed.

- Reach Out to DSS Directly: If possible, contact the Department of Social Services to inquire about the lien on your settlement. They can provide information on the amount owed and the steps required to resolve the lien.

- Request Formal Notification: If you have not received any official notice regarding the lien, ask your attorney to provide you with all relevant documentation. It is your right to be informed about any claims against your settlement funds.

- Seek Independent Legal Advice: If you are unsatisfied with your attorney’s handling of the lien or if you believe there may be irregularities, consider consulting another attorney who specializes in personal injury or lien matters to review your case and advise you on possible actions.

Ensuring that the lien is accurately documented and that you are fully informed about any amounts owed is crucial for protecting your financial interests following a personal injury settlement. New York law provides mechanisms to manage such liens, but proactive communication with both your attorney and DSS is essential to resolve the matter efficiently.

Disclaimer: This response is intended for general informational purposes only and does not constitute legal advice. Laws and regulations are subject to change and may vary based on specific circumstances. For personalized guidance, please consult with a qualified attorney licensed in New York.

A: First ask your attorney what they recommend. If it's a paper form, it's possible your attorney might consider other possible responses that might be more accurate ("TBD", for "To Be Determined," for instance - until they receive a figure). But that's only general speculation. You could see what your attorney suggests before submitting the form. Good luck