Procedure for approval of transfer.

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(1) An application under this article for approval of a transfer of a structured settlement payment right shall be made by the transferee and may be brought:

  1. In the district court for the county in which the payee resides;

  2. In the district court for the county in which the structured settlement obligor or theannuity issuer maintains its principal place of business; or

  3. In any court or before any responsible administrative authority that approved thestructured settlement agreement.

(2) Not fewer than twenty days prior to the scheduled hearing on an application for approval of a transfer of structured settlement payment rights under section 13-23-104, the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its authorization. The transferee shall file and serve:

  1. A copy of the transferee's application;

  2. A copy of the transfer agreement;

  3. A copy of the disclosure statement required pursuant to section 13-23-103;

  4. A listing of each of the payee's dependents, together with each dependent's age;

  5. A notification that any interested party is entitled to support, oppose, or otherwiserespond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and

  6. A notification of the time and place of the hearing and notification of the manner inwhich and the time by which written responses to the application must be filed, which shall be not fewer than fifteen days after service of the transferee's notice, in order to be considered by the court or responsible administrative authority.

Source: L. 2004: Entire article added, p. 498, § 1, effective July 1.


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