Monthly Archives: January 2014

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Most Misunderstood Legal Courthouse Terms

Article 2.3 Transfers of Structured Settlement Payment Rights

Most Misunderstood Legal Courthouse Terms  A-C

 

Acquittal – Finding of not guilty

Adjournment – Postponing or recessing a court hearing

Adjudicate – To exercise judicial authority in settling a case

Affidavit – A written statement given voluntarily and under oath

Answer – The defendant’s response to a plaintiff’s allegations in a complaint

Arraignment – Proceeding in which an accused person is brought before a judge to hear the charges and or enter a plea of guilty, not guilty or no contest.  Bail is set at this hearing.

Bail – Money or other security given to secure a person’s release from custody, and guarantee his or her later appearance in court.

Beyond a Reasonable Doubt – The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution

Bond – A written statement that obligates one person to pay a specified amount of money to another if a certain condition occurs

Burden of Proof – In criminal, the prosecution has the burden of proving a defendant guilty beyond a reasonable doubt.  In civil, the plaintiff has the burden of proving the case by preponderance of evidence

Closing Arguments – Lawyers’ final statement to the judge and/or jury after all parties have presented their evidence

ComplaintCivil – A document filed by the plaintiff containing a statement of the facts constituting the cause of action and a demand for judgment.  It’s the beginning of a civil action

ComplaintCriminal – A document filed by the prosecutor describing the alleged offenses committed by the defendant

Conservatorship – Proceeding to appoint a manager for a person who is either physically or mentally unable to care for himself or herself

 

Courtesy of Los Angeles Superior Court 2014

 

Structured Settlement Attorney Eugene Ahtirski


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Part 14 California Residents

By AFG Newswire Nov.30, 2014 2:41 p.m. Block 15.7  Article 2.3 Transfers of Structured Settlement Payment Rights

Part 14 California Residents:  What the Transfer Company Can’t Make You Do

 

The Transfer Company Can’t Ignore Any of These Instructions, Nor Can YOU.

 

  • 10138(b) “The provisions in this section may not be waived by agreement of the parties.”

 

This is the last article of our series, “California Residents:  What the Transfer Company Can’t Make You Do”.  In the last twelve articles, we’ve outlined the following provisions that are NOT allowed in the transfer agreement or related documents:

  • a provision that waives your right to sue
  • a provision that indemnify, holds harmless and defends the transfer company
  • a provision that waives your benefits to wage garnishments
  • a provision that makes the Agreement confidential or “owned” by the transfer company
  • a provision that makes you agree to do a confession of judgment
  • a provision that makes you pay for the transfer company’s attorney fees and costs if the transfer is not completed
  • a provision that makes you pay for the transfer company’s tax liability
  • a provision that makes you pay for additional brokerage fees for the transfer company
  • a provision that takes your Hearing out of the state of California
  • a provision that orders a different “choice-of-law” even though your from California, but the situation was not in California and other parties are not from California
  • a provision that provides for a security interest that exceeds the transfer amount
  • a provision that makes you do business with that particular transfer company in the future if you want to sell future payments
  • 10138(b) simply states that none of these rules can be ignored or waived by the transfer company or you.

 

Independent professional advisers are not created equal.  Hiring an independent professional adviser experienced in structured settlement law can make or break your understanding of what is going on.  Call today for a consultation.

Structured Settlement Attorney Eugene Ahtirski