What is the law related to the sale of my structured settlement annuity?

Alabama

Bill #: HB 288

Enacted: April 27, 2006 Effective: August 01, 2006

Permits the sale or assignment of Alabama structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Alaska

Statute and Bill: 2003 Alaska Laws Ch. 21, enacting AS §§ 09.68.200-09.68.230

Enacted: May 14, 2003 Effective: August 12, 2003

Permits the sale or assignment of Alaska structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Arizona

Statute and Bill: Ariz. Rev. Stat. Ann. §§ 12-2901 – 12-2904

Enacted: May 20, 2002 Effective: August 22, 2002

Permits the sale or assignment of Arizona structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Arkansas

Statute and Bill: 2005 House Bill 2614, enacting Ark. Code §§ 2381-701-23-81- 707

Enacted: April 13, 2005 Effective: August 12, 2005

Permits the sale or assignment of Arkansas structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

California

Statute and Bill: Cal. Ins. Code §§ 10134-10139.5

No direct or indirect transfer of structured settlement payment rights by a payee to which this article applies shall be effective, and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to a transferee, unless all of the provisions of this section are satisfied.

Colorado

Statute and Bill: Colo. Rev. Stat. §§ 13-23-101 – 13-23-108

Enacted: April 20, 2004 Effective: July 01, 2004

Permits the sale or assignment of Colorado structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Connecticut

Statute and Bill: Conn. Gen. Stat. § 52-225g – 52-225l

Enacted: June 18, 2003 Effective: October 01, 2003

Permits the sale or assignment of Connecticut structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Delaware

Statute and Bill: Del. Code Ann. Tit. 10, §§ 6601-6604

Enacted: December 25, 1999 Effective: June 27, 2000

Permits the sale or assignment of Delaware structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Florida

Statute and Bill: Fla. Stat. § 626.99296 (FL S.B. 108)

Enacted: June 13, 2001 Effective: October 01, 2001

Permits the sale or assignment of Florida structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Georgia

Statute and Bill: Ga. Code Ann. §§ 51-12-70-72, §§51-12-70-76-77

Enacted: June 04, 2003 Effective: July 01, 2003

Permits the sale or assignment of Georgia structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Hawaii

Statute and Bill: HB1977

Enacted: May 26, 2006 Effective: May 26, 2006

Permits the sale or assignment of Hawaii structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Idaho

Statute and Bill: Idaho Code § 28-9-109

Enacted: March 26, 2001 Effective: July 01, 2001

Permits the sale or assignment of Idaho structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Illinois

Statute and Bill: 215 Ill. Comp. Stat. §§ 153/1 – 153/35

Enacted: August 11, 2003 Effective: January 01, 2004

Permits the sale or assignment of Illinois structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Indiana

Statute and Bill: Ind. Code Ann. §§ 34-50-2-1 – 34-50-2-11

Enacted: May 10, 2001 Effective: July 01, 2005

Permits the sale or assignment of Indiana structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Iowa

Statute and Bill: Iowa Code Ann. §§ 682.1 – 682.7

Enacted: May 10, 2001 Effective: July 01, 2001

Permits the sale or assignment of Indiana structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Kansas

2005 House Bill No. 2160

Enacted: July 01, 2005 Effective: July 01, 2005

Permits the sale or assignment of Kansas structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Kentucky

Statute and Bill: Ky. Rev. Stat. Ann. §§ 454.430 – 454.435

Enacted: April 07, 1998 Effective: July 15, 1998

Permits the sale or assignment of Kentucky structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Louisiana

Statute and Bill: La. Rev. Stat. Ann. § 9:2715 (LA H.B. 179)

Enacted: June 27, 2003 Effective: August 15, 2003

Permits the sale or assignment of Louisiana structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Maine

Statute and Bill: Me. Rev. Stat. Ann. tit. 24A §§ 601.25, 2241-46

Enacted: June 27, 2003 Effective: August 15, 2003

Permits the sale or assignment of Maine structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Maryland

Statute and Bill: Md. Code Ann. Cts. & Jud. Proc. §§ 5-1101-5-1105

Enacted: May 11, 2000 Effective: October 01, 2000

Permits the sale or assignment of Maryland structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Massachusetts

Statute and Bill: Mass. Gen. Laws Ann. Ch. 231C, § 1-5

Enacted: January 12, 2001 Effective: April 12, 2001

Permits the sale or assignment of Massachusetts structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Michigan

Statute and Bill: Mich. Comp. Laws. Ann., §§ 691.1191 – 691.1197

Enacted: July 18, 2006 Effective: September 01, 2006

Permits the sale or assignment of Michigan structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Minnesota

Statute and Bill: Minn. Stat. §§ 549.30 – 549.34

Enacted: May 25, 1999 Effective: July 01, 1999

Permits the sale or assignment of Minnesota structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Mississippi

Statute and Bill: Miss. Code Ann. §§ 11-57-1 – 11-57-15

Enacted: April 02, 2002 Effective: July 01, 2002

Permits the sale or assignment of Mississippi structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Missouri

Statute and Bill: Mo. Rev. Stat. §§ 407.1060 – 407.1068

Enacted: July 13, 1999 Effective: August 28, 1999

Permits the sale or assignment of Missouri structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Montana

Statute and Bill: 2005 Senate Bill No. 122

Enacted: April 21, 2005 Effective: October 01, 2005

Permits the sale or assignment of Montana structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Nebraska

Statute and Bill: Neb. Rev. Stat. §§ 25-3101 – 25-3107

Enacted: April 04, 2001 Effective: July 01, 2001

Permits the sale or assignment of Nebraska structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Nevada

Statute and Bill: N.R.S. § 42.030

Enacted: May 20, 2003 Effective: October 01, 2003

Permits the sale or assignment of Nevada structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

New Hampshire

This state does not yet have its own structured settlement transfer law enacted. People who live there MAY be able to transfer their structured settlement payment rights under the law of the state where the insurance company is based.

New Jersey

Statute and Bill: N.J. Stat. Ann. §§ 2A: 16-63 – 16-69

Enacted: July 02, 2001 Effective: January 01, 2002

Permits the sale or assignment of New Jersey structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

New Mexico

Statute and Bill: 2005 House Bill 495

Enacted: July 01, 2005 Effective: July 01, 2005

Permits the sale or assignment of New Mexico structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

New York

Statute and Bill: N.Y. Gen. Oblig. Law §§ 5-1701-1709

Enacted: September 17, 2002 Effective: July 01, 2002

Permits the sale or assignment of New York structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections. Amended 9/21/2004.

North Carolina

Statute and Bill: N.C. Gen. Stat. Art. 44B §§ 1-543.10 – 1-543.15 and Art. 33 § 1-394.1

Enacted: August 04, 1999 Effective: October 01, 1999

Permits the sale or assignment of North Carolina structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

North Dakota

This state does not yet have its own structured settlement transfer law enacted. People who live there MAY be able to transfer their structured settlement payment rights under the law of the state where the insurance company is based.

Ohio

Statute and Bill: Ohio Rev. Code. Ann. §§ 2323.58 – 2323.587

Enacted: July 27, 2000 Effective: September 27, 2000

Permits the sale or assignment of Ohio structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Oklahoma

Statute and Bill: Okla. Stat. Ann. tit. 12 §§ 3238 – 3245

Enacted: April 10, 2001 Effective: November 01, 2001

Permits the sale or assignment of Oklahoma structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Oregon

Statute and Bill: 2005 Senate Bill 645

Enacted: January 01, 2006 Effective: January 01, 2006

Permits the sale or assignment of Oregon structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Pennsylvania

Statute and Bill: 40 Pa. Cons. Stat. Ann. §§ 4001-4009

Enacted: February 11, 2000 Effective: April 11, 2000

Permits the sale or assignment of Pennsylvania structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Rhode Island

Statute and Bill: R.I. Gen. Laws Ann. §§ 27-9.3-1 – 27-9.3-7

Enacted: July 13, 2001 Effective: July 13, 2001

Permits the sale or assignment of Rhode Island structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

South Carolina

Statute and Bill: S.C. Code Ann. §§ 15-50-10 – 15-50-70

Enacted: May 14, 2002 Effective: June 14, 2002

Permits the sale or assignment of South Carolina structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

South Dakota

S.D. Codified Laws §§ 21-3B-1 – 21-3B-12

2003

No direct or indirect transfer of structured settlement payment rights is effective and no structured settlement obligor or annuity issuer is required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order or order of a responsible administrative authority based on the following express findings by such court or responsible administrative authority:

1. The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;
2. The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived such advice in writing; and
3. The transfer does not contravene any applicable statute or the order of any court or other government authority.

Tennessee

Statute and Bill: Tenn. Code Ann. Tit. 47, Ch. 18 §§ 1-7

Enacted: May 23, 2000 Effective: January 01, 2001

Permits the sale or assignment of Tennessee structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Texas

Statute and Bill: Tex. Rev. Civ. Stat. Ann. §§ 141.001 – 141.007

Enacted: June 20, 2003 Effective: September 01, 2003

Permits the sale or assignment of Texas structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Utah

Statute and Bill: Utah Code Ann. §§ 78-59-101-108 (UT S.B. 163)

Enacted: March 15, 2002 Effective: May 06, 2002

Permits the sale or assignment of Utah structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Vermont

This state does not yet have its own structured settlement transfer law enacted. People who live there MAY be able to transfer their structured settlement payment rights under the law of the state where the insurance company is based.

Virginia

Statute and Bill: Va. Code Ann. §§ 59.1-475–477

Enacted: March 23, 2001 Effective: July 01, 2001

Permits the sale or assignment of Virginia structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Washington

Statute and Bill: Wash. Rev. Code Ann. §§ 19.205.010 – 19.205.060, § 19.205.900

Enacted: May 07, 2001 Effective: July 22, 2001

Permits the sale or assignment of Washington structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Washington, D.C.

The District does not yet have its own structured settlement transfer law enacted. People who live there MAY be able to transfer their structured settlement payment rights under the law of the state where the insurance company is based.

West Virginia

Statute and Bill: W. Va. Code §§ 46A-6H-1 – 46A-6H-8

Enacted: April 17, 1999 Effective: July 01, 1999

Permits the sale or assignment of West Virginia structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.

Wisconsin

This state does not yet have its own structured settlement transfer law enacted. People who live there MAY be able to transfer their structured settlement payment rights under the law of the state where the insurance company is based.

Wyoming

Statute and Bill: Wyoming Statutes 1-16-601

Enacted: March 15, 2006 Effective: July 01, 2006

Permits the sale or assignment of Wyoming structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.