Treated Unfairly?

Treated Unfairly?

Block 11.4 Article 2.3 Transfers of Structured Settlement Payment Rights

10136(c)(12) Treated Unfairly?  Your District Attorney is Here to Help.


And the Attorney General too.  According to 10136(c)(12), the transfer company has to put a statement in the Disclosure Statement to the consumer stating, if you feel you are being ripped off, treated unfairly, or that you have been railroaded into doing something you don’t want to do, call your District Attorney immediately!


Here’s why:  according to California Insurance Code, any transfer company that successfully or NOT, attempts to transfer structured settlement payment rights in court, MUST file with the Attorney General of California a copy of any final court order approving or denying the transfer of structured settlement payment rights.


The Attorney General will hear from the transfer company anyway.  The Attorney General doesn’t want to hear from the consumer; that would mean something is terribly wrong.


10136(c)(12) The following statement: “If you believe you were treated unfairly or were misled as to the nature of the obligations you assumed upon entering into this agreement, you should report those circumstances to your local district attorney or the office of the Attorney General.”


So, if you feel, at any point in the game, that you are being treated unfairly, you get the Attorney Generals attention, and whether or not you meant to be a whistler blower, you’ve blown a loud whistle.


Your independent professional adviser can do this with you, or for you too.  Hopefully, if you have an independent professional adviser or a structured settlement advisor you can avoid this entire situation and save time, money, and irritation.

structured settlement attorney

AFG - Independent Professional Adviors

AFG – Independent Professional Adviors

Challenges Posed by Court Procedures for Structured Settlement Transfers

By AFG Newswire October 4th 2014 11:56 a.m.


Challenges Posed by Court Procedures for Structured Settlement Transfers


The transfer company has the responsibility of filing, preparing, and presenting the case in court, but you have the responsibility of gathering evidence and answering questions in court.  In recognition of the challenges this can present, the Structured Settlement Protection Act has given you the opportunity to have an attorney at no expense to you for your guidance.


Usually there are costs to petitioners of hiring a structured settlement attorney to represent them in their structured settlement transfers, but not in this situation, where the Structured Settlement Protection Act has covered the cost for you, up to $1,500.


There are standards of evidence which can be confusing, even to the average attorney, and that’s why you don’t want an average attorney.  You need a structured settlement attorney that specializes in the field of structured settlement law.


The typical person wanting to transfer their structured settlement payment rights usually has no court experience, or of little to speak.


It doesn’t matter what age, race and ethnicity, gender, educational background, income, or the type of situation your structured settlement tranfers is:  lack of court experience means you need help with understanding court procedures, what EXACTLY the court looks for with evidence, what the courts don’t need, what irritates the courts, what would delay the transfer, what can expedite the transfer, the list goes on.


California courts want you to have a fair and effective court experience during structured settlement transfers.  When you walk in the courtroom represented, the judge knows you did everything in your power to have a fair and effective judicial experience.

Structured Settlement Attorney Eugene Ahtirski 

Structured Settlement Protection Act Experts

Structured Settlement Protection Act Experts

What Constitutes a “Dependent” During a Structured Settlement Transfer

What Constitutes a “Dependent” During a Structured Settlement Transfer in Court, and Why is it so Important?


California‘s Structured Settlement Protection Act, or the California Insurance Code Section 10134-10139.5 has nine clauses that mention “dependents”.  Let’s walk through all nine, in the order as listed in the actual code.


Number 1, Definition.  Number 2, Disclosure Notice.  Numbers 3 and 4, Welfare of Dependents.  Number 5 goes on to talk about the totality of your circumstances/mental capacity of the payee; it was a massive sentence, shortened for the scope of this article.


Number 6 talks about child support and maintenance, regarding dependents, and having other sources of income.  Number 7, facing hardship.  Number 8, Other Factors, demographics.  Number 9, Separate listing/age.


We really recommend seeking independent professional advice, especially if you have dependents.


  1. Definition of Dependents

10134(b)  ” “Dependents” include the payee’s (person selling their structured settlement payment rights) spouse and minor children and all other family members and other persons for whom the payee is legally obligated to provide support, including alimony.”


Remember, “other persons” can be businesses too.


  1. “Dependents” in the Disclosure Notice

10136(b)  “You should get independent professional advice about whether selling your structured settlement payments is a good idea for you and for your dependents.


  1. “Dependents ” in the “What Makes the Transfer Void” Clause

10137(a)  “The transfer of the structured settlement payment rights is fair and reasonable and in the best interest of the payee, taking into account the welfare and support of his or her dependents”.


  1. “Dependents” in the “What Effectuates the Transfer to GET COURT APPROVAL” Clause

10139.5(a)(1) “The transfer is in the best interest of the payee, taking into account the welfare and support of the payee’s dependents.



  1. “Dependents” for Court Approval
    10139.5(a)(6)(b) “When determining whether the proposed transfer should be approved, including whether the transfer is fair, reasonable, and in the payee’s best interest, taking into account the welfare and support of the payee’s dependents, …..”


  1. “Dependents” regarding Child Support and Maintenance-Full Disclosure for Court Consideration

10139.5(a)(6)(b)(8)  “Whether the payee has other means of income or support, aside from the structured settlement payments that are the subject of the proposed transfer sufficient to meet the payee’s future financial obligations for maintenance and support of the payee’s dependents, specifically including, but not limited to, the payee’s child support obligations, if any.  The payee shall disclose to the transferee and the court his or her court-ordered child support of maintenance obligations for the court’s consideration.”


  1. “Dependents” in the “Hardship” clause

10139.5(a)(6)(b)(13) “Whether the payee, or his or her family or dependents, are in or facing a hardship situation.


  1. “Dependents” in the “Other Factors” “Demographics” clause

10139.5(a)(6)(b)(15)(c)(3) “The names, ages, and place or places of residence of the payee’s minor children or other dependents, if any.


  1. “Dependents” Separate Listing/Age

10139.5(a)(6)(b)(15)(c)(6)(f)(2)(C) A listing of each of the payee’s dependents, together with each dependent’s age


The independent professional adviser can help coach you along and prepare you throughout the entire process, with or without dependents.

Structured Settlement Attorney

Pre Issued Annuity Pays Off

Pre Issued Annuity Pays Off

By AFG Newswire b42

August 3, 2014 1:54 p.m.


Pre Issued Annuity Pays Off:  Steering Clear of Snags With Proper Legal Mitigation


For a notably small fee ($600-$5,000) for such a large investment, proper legal mitigation for the court filings and inspections of court documents is a worthwhile investment on its own.  Hire a professional, you’ll be glad you did.


Pre issued annuities can come with snags:  anti-assignment clauses, liens, varying types of annuities, just to name a few.


An anti-assignment clause may have been put in the contract between Casualty Insurer A and Life Insurance Company B years ago, when the contract was first being drafted with the third party beneficiary (injured party) in mind, stating that the injured party will having no right to sell any part of the payment stream at all in the future.  Period.


Sometimes paperwork and little “clauses” get overlooked…

…until the eleventh hour.  With legal mitigation snags like this are less likely to happen.


Liens can also be overlooked…

…bankruptcy, property liens, child support, all of these can snarl the purchase of what you thought was a valuable “pre issued annuity”, and still can be, once everything gets cleared up.


It might be that the pre issued annuity is not right for you.  It could be an “immediate annuity, or deferred”,”fixed or variable”, or maybe the pre issued annuity is a perfect fit and you need to jump on this.


Do some mitigation with a professional after you’ve done your preliminary research.




AFG - Independent Professional Adviors

AFG – Independent Professional Adviors

Structured Settlement Attorney

Independent Professional Adviser to Your Rescue

The Independent Professional Adviser to Your Rescue:  Going Up Against the Insurance Giants

When Transferring Your Structured Settlement Payment Rights


Let’s go over some real life collisions/accidents in California that ended in settlements: 


Settlement:  $2,409,000.00-“Wrongful Death Arising Out of Traffic Accident Involving Truck-Insured’s truck driver attempted to make a left turn across highway when an auto coming in the opposite direction struck the side of the trailer.” AIG Claims Archive Search


Settlement:  $2,063,000.00-“The insured operates auto repair shops.  A vehicle was involved in an accident, which killed the driver and injured the passenger, after being worked on at the insured’s shop.  It is alleged that the insured ground down the brake rotors too far, installed the wrong brake calipers, and when rotating the tires, placed the tires with less thread on the rear instead of the front.  Testing concluded the rotors had been ground down past applicable limits.  There was no difference in the thread in the front and rear tires.  The police reconstruction test concluded the accident was caused by operator error-driving too fast on a wet roadway.  Insured accident reconstructionist concluded the same.”  AIG Claims Archive Search 


Settlement:  $11,036,000.00- “The insured is a retail pharmacy.  The insured’s pharmacy had been filling prescriptions for a minor patient over a 14-month period.  The patient was receiving a drug used to control a seizure disorder and was seizure free over that period of time.  The pharmacy misfilled the prescription with the wrong dosage of the drug.  The patient suffered an overdose of the drug.  The patient was treated and considered to have recovered, but suffered significant complications several weeks later as seizures returned.”  AIG Claims Archive Search


Where does all this money come from?  Insurance companies are backed by underwriters, that are backed by larger insurance companies that are backed by even larger multinational insurance companies, that aren’t even called insurance companies anymore at this level; they’re called “Financial Institutions” that sell and buy “financial products”, like annuities, that make up structured settlements.


The cases above were settled because the money was made possible by the giant Financial Institution, the annuity issuer, who in the end gets notified if one of these claimants decides to sell parts or all of their settlement.


If you were to sell part or all of your settlement, you will be going up against this type of insurance giant, because they get notified if you decide to sell.   It’s the law.   Requirements of California Insurance Code §10139.5(f)(2) requires that a notice of the proposed transfer and the application for its authorization be filed with the court and served on all interested parties not less than 20 days before the scheduled hearing on any petition for approval of a transfer of structured settlement payment rights.


This includes the insurance giant that issued the expensive annuity, the underwriters, and the original insurance company.  Are you prepared to go up against these insurance giants?


Transfer Companies are big, insurance-type companies that communicate everyday with the insurance companies.  By obtaining independent professional advice, you can step outside of the insurance arena and be represented independently.  Let your independent professional adviser protect you and rescue you from the insurance giants.


Structured Settlement Attorney

AFG - Independent Professional Adviors

AFG – Independent Professional Adviors