Sec. 482.107. - Release or satisfaction requires joinder of lienholder; remedies of lienholder.

No release or satisfaction of any cause of action, suit, claim, counterclaim, demand, judgment, settlement or settlement agreement shall be valid or effectual as against a lien filed in accordance with this Chapter unless the lienholder joins in the release or satisfaction or executes a release of the lien. An acceptance of a release or satisfaction of any cause of action, suit, claim, counterclaim, demand or judgment and any settlement of any of the foregoing in the absence of a release or satisfaction of a lien filed under this Chapter shall prima facie constitute an impairment of the lien, and the lienholder shall be entitled to recover damages on account of such impairment. In an action on account of impairment of a lien, the lienholder may recover from the person accepting the release or satisfaction or making the settlement the reasonable cost of hospital care, treatment and maintenance. Satisfaction of a judgment rendered in favor of the lienholder in an action shall operate as a satisfaction of the lien. If the lienholder prevails in the action, he shall be entitled to recover from the defendant, in addition to costs otherwise allowed by law, reasonable attorney's fees and expenses incidental to the matter. (Ord. 82-106-120, § 1; Ord. 83-591-400, § 1) Note— Former § 540.107.