Category : IPA
Seller Voluntarily Backs Out of Transfer in San Bernardino Superior Superior Court at the Last Minute 2014
Transfer Started in December of 2013
The seller communicated with a transfer company in December of 2013 to sell their structured settlement payment rights. The transfer company filed the proper court papers with San Bernardino Superior Court. The hearing was set for February of 2014. Then the hearing was then postponed until April 2014.
What Happened at the Postponed Hearing
In court, at the last minute, at the request of the sellers’ attorney, the claimant asked to be “dismissed” from the hearing. In other words: the seller completely backed out of the contract at the last minute.
This Does Go on Record
If the seller ever tries to sell their payments in the future, this failed attempt will show up to the next judge. This case particular case will show up as “the matter is dismissed without prejudice”. What does this mean?
Without Any Loss or Waiver of Rights or Privileges
“Dismissed without prejudice,” means that you are free to litigate the matter in court again, as if you never brought it to court before. “Dismissed with prejudice” would mean you could not litigate the matter again. That would happen if the court found that you purposely misled the court or intended to deceive the court.
Independent Professional Advisers
Independent professional advisers are officers of the court and are bound by an ethical oath not to deceive the court. Remember, you can always back out of a transfer contract-even at the very last minute.