Circuit Court Jurisdiction — Requirements for Notice — Best Interest Standard — Fees
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The circuit court shall have nonexclusive jurisdiction over any approval of a transfer of structured settlement payment rights.
An application under this part for approval of transfer of structured settlement payment rights shall be made by the transferee and may be brought:
In the county in which the payee resides or where the settlement was approved or judgment rendered in the underlying tort claim; or
In any court or before any responsible administrative authority that approved the structured settlement agreement.
Upon the filing of an application of approval of a transfer of structured settlement payment rights, any interested party may request a hearing. If a hearing is requested, the court shall conduct a hearing within sixty (60) days from such request.
The payee shall appear in person at the hearing, unless the court determines upon the motion of an interested party that good cause exists to excuse the payee from the hearing.
Not less than twenty (20) days prior to the scheduled hearing on any application for authorization of a transfer of structured settlement payment rights under § 47-18-2603, the transferee shall file with the court or responsible administrative authority and serve on any other government authority which previously approved the structured settlement, and on all interested parties, a notice of the proposed transfer and the application for its authorization, including in such notice:
A copy of the transferee's application;
A copy of the transfer agreement;
A copy of the disclosure statement required under § 47-18-2603(2);
Notification that any interested party is entitled to support, oppose or otherwise respond 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;
Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed (which shall be not less than fifteen (15) days after service of the transferee's notice) in order to be considered by the court or responsible administrative authority; and
A sworn statement detailing whether there have been any requested, proposed, or approved transfers of the structured settlement payment rights prior to the instant filing.
In determining whether the transfer is in the payee's best interest under § 47-18-2603(3), the court should consider:
The terms of the transfer;
Whether the payee has other sources of income, other than the structured settlement payment rights to be transferred;
The effect of the transfer, if any, on the payee's dependents and whether the transfer would be likely to result in financial hardship for such dependents; and
If a payee is currently required by a court order, judgment, or decree to pay child support or alimony, the effect of the transfer on the payee's ability to continue to pay such support or alimony.
The structured settlement obligor and annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments.
The transferee and any assignee shall be liable to the structured settlement obligor and the annuity issuer for any and all taxes and other costs and liabilities, other than costs incurred in opposing the transfer, incurred as a result of complying with the court order approving the transfer.
Neither the annuity issuer nor the structured settlement obligor may be required to divide any structured settlement payment between the payee and any transferee or assignee or between two (2) or more transferees or assignees.
If any party acting in bad faith withholds consent to the transfer, the court may, in its discretion, award the prevailing party reasonable attorney fees and costs.