Minnesota Independent Professional Advice

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Structured Settlement Advisor

Minnesota Independent Professional Advice

Minnesota Residents:  You must receive independent professional advice

If you reside in Minnesota and are interested in selling your structured settlement payment rights, you must obtain the advice from an independent professional adviser.

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Below we cite the code that defines independent professional advice, and we cite the code that REQUIRES you to obtain independent professional advice:

 

  • 549.30 Subd. 6. [INDEPENDENT PROFESSIONAL ADVICE.] “Independent professional advice” means advice of an attorney, certified public accountant, actuary, or other professional adviser:

(1) who is engaged by a payee to render advice concerning the legal, tax, and financial implications of a transfer of structured settlement payment rights;

(2)  who is not in any manner affiliated with or compensated by the transferee of the transfer; and

(3) whose compensation for providing the advice is not affected by whether a transfer occurs or does not occur.

 

  • 549.31(d) the payee has received independent professional advice regarding the legal, tax, and financial implications of the transfer.

 

We are a nation-wide independent professional adviser, we can help.  Call today for  a free consultation.

Minnesota Independent Professional Advice

Andres Financial Group, is a highly professional group in Independent Professionals providing advice in the transfer of structured settlements. Associates across the US, with the ability to pool all our resources in your best interest.

IPA services include but are not limited to; best interest advice, fair market analysis, court document review, & court appearance.

We pride ourselves on getting 90% of our cases approved the first time in front of the judge. We do not accept a denial as a possible decision, and will seek to keep the case open should the judge attempt to deny.


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Independent Professional Advisor Helps Consumer

Independent Professional Advisor Helps Consumer:  Comparison of Court Terms

Court language can get tricky because of similar words used in phrases, or some concepts are used in Civil Court, and others for Criminal Court, but the meanings are VASTLY different.  Take a look:

 

Beyond a Reasonable Doubt – requires that the prosecution in criminal cases present evidence that is so conclusive that every element of the crime has been proven and that reasonable doubts are removed from the mind of the ordinary person.  This standard does not require the elimination of all doubt.

Preponderance of the Evidence – is the burden in civil cases, where greater weight of evidence supports the claims of one side over the other.

 

Dismissal Without Prejudice – means that the moving party can refile the same claim in the future, while Dismissal With Prejudice means that the moving party cannot refile the same claim.

 

Evidence – is any proof presented at trial including the testimony of witnesses, records documents, objects, etc.  Exhibits are objects, documents, records, etc. presented at trial and made a part of the case.

 

Jury Trial is when the jury is the body responsible for deciding the outcome of the case based on the facts presented.  The judge in a jury trial rules on matters of law.  In a Court or Bench Trial, the judge decides the outcome.

 

Juvenile Delinquency case involves a person under 18 alleged to have committed a crime.  There are no jury trials in delinquency cases.  Juvenile Dependency case involves a person under 18 who has been abandoned, abused, or neglected.  These cases and hearings are confidential, with the exception of some delinquency matters involving the most serious criminal charges.

 

Courtesy of Los Angeles Superior Court

http://earlycash4u.com

Independent Professional Advisor


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Transfer Company Can’t Make You Do

By AFG Newswire Nov.22, 2014 12:31p.m. Block 13.3  Article 2.3 Transfers of Structured Settlement Payment Rights

California Residents:  What the Transfer Company Can’t Make You Do, Part 1

 

  • 10138(a) is the opening, enabling paragraph to 10138, and is 2 sentences long.

 

(10138 has it’s opening paragraph, lists twelve (12) prohibited provisions, then has a closing, waiver, paragraph that makes all parties unable to waive any of these prohibited provisions.)

 

  • 10138(a) alerts the reader that there are listed conditions that are not to be included in the transfer agreement, and that if any of these listed conditions are in the transfer agreement, the transfer agreement will be void and unenforceable. No good.

 

Not such an exciting clause, but it is setting the stage for what is about to come.  And what is about to come is a long and arduous list of oppressive wrong doings to consumers.  Each one of these prohibited provisions or listed conditions happened in the past; that’s why it’s law now.  Count your blessings it didn’t happen to you.

 

What’s scary is what oppressive activity might be out there right now.  Your only protection is an independent professional adviser.  They’re almost like a friend of the court.  Like a liaison between the courts, and the community.

 

  • 10138(a) states, “A transfer agreement, as defined in (o) of Section 10134, shall not include any provision described in the paragraphs below. Any inclusion of a prohibited provision, with respect to a seller who is a California resident, shall make the provision void and unenforceable.”

 

Keep a look out for further articles on “California Residents:  What the Transfer Company Can’t Make You Do” as we explore each prohibited provision one by one.


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Cancel if You Need To

By AFG Newswire Nov.13, 2014 4:27 p.m. Block 12.3  Article 2.3 Transfers of Structured Settlement Payment Rights

10136(e) You Can Break a Provision, and Cancel if You Need To….

 

There is a provision in 10139.5(a)(6) that states, “The payee understands and does not wish to exercise the payee’s right to cancel the transfer agreement.”  But if you do wish to cancel the agreement, and if you have sent a letter to the transfer company stating so, section 10136(e) is telling the payee, yes, the courts will recognize the payee’s wish to cancel, despite the fact that the code says you won’t.

 

A little confusing, but, in short, you have the ultimate say so.

 

If for some reason, you have not sent a letter to the transfer company, and you are standing there at the eleventh hour, and you have decided last minute, in the court house to cancel, right when the court was going to begin proceedings of approval, chances are, you can, if done in writing right there, addressed to the transfer company.

 

At this point, it would be a case-by-case basis.  No judge wants to see anyone forced into selling their structured settlement payment rights.  If you even question whether you might be a candidate for a situation like this, best to contact an independent professional adviser now, and address your fears before the eleventh hour.

 

This is the very last subsection of section 10136, subsection (e), and it states:

At any time before the date on which a court enters a final order approving the transfer agreement pursuant to Section 10139.5, the payee may cancel the transfer agreement, without cost or further obligation, by providing written notice of cancellation to the transferee.”

 

This is why state legislatures and Congress have strongly recommended and advised consumers to seek independent professional advice regarding the legal, tax, and financial implications:  to avoid any confusion or fears the consumer may have regarding issues during the transfer of their structured settlement payment rights.

 

Independent Professional Advisers are here to help, not hinder.

Structured Settlement Attorney


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Disclosure Statement

By AFG Newswire Nov.13, 2014 4:27 p.m. Block 12.2 Article 2.3 Transfers of Structured Settlement Payment Rights

10136(d) Disclosure Statement Must Promote Lawful Adherence of Transfer Agreement

 

10136(d) states, ” The contract for transferring the structured settlement payment rights may not violate Section 10138

 

10138 has 12 little sections that are prohibited provisions that are NOT allowed in the transfer agreement, THAT’s all.

 

This statement needs to be in the Disclosure Statement to the consumer.  But how does the consumer know what these prohibited provisions are?  A few ways to find out:

  1. Read our future posts and find out
  2. Call an independent professional adviser and find out
  3. Read the code and interpret for yourself

 

We will be covering what section 10138 exactly is, but it is not in the scope of this article.  But let it be known, that the transfer company is instructed by law according to code 10136(d) to state in the Disclosure Statement to the consumer that there are prohibited provisions not allowed in the transfer agreement.

 

This should be a “red flag” for any responsible payee.  This is also a “red flag” for the courts to be on the look out in all transfer agreements for any extra wording that should NOT be added in any transfer agreements.

 

Hiring an independent professional adviser is the safest and easiest way to mitigate your transfer agreement, and the Disclosure Statement as well.  Call today for a consultation.

Structured Settlement Attorney