[§676‑5] Procedure for approval of transfers.

274 words·~1 min read·/hi/chapter-676/676-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An application under this chapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in any court or before any responsible administrative authority:

(1)In the county in which the payee resides;

(2)In the county in which the structured settlement obligor or the annuity issuer maintains its principal place of business; or

(3)That approved the structured settlement agreement.

(b)To apply for approval of a transfer of structured settlement payment rights under section 676‑3, 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 notice shall include:

(1)A copy of the transferee's application;

(2)A copy of the transfer agreement;

(3)A copy of the disclosure statement required under section 676‑2;

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

(5)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; and

(6)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 shall be filed, to be considered by the court or responsible administrative authority; provided that the written responses shall be filed not less than fifteen days after service of the transferee's notice. [L 2006, c 146, pt of §1]