State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-41 > 59-1-477

§ 59.1-477. Procedure for approval of transfers.

A. An application under this chapter for approval of a transfer of structuredsettlement payment rights shall be made by the transferee and may be broughtin the state in which the payee resides, in the state in which the structuredsettlement obligor or the annuity issuer maintains its principal place ofbusiness, or in any court or before any responsible administrative authoritythat approved the structured settlement agreement. Applications brought inVirginia shall be brought in circuit court, and such court may refer thematter to a commissioner of accounts for a report to such court and arecommendation on the findings required by § 59.1-476. Such report andrecommendation shall be filed with the court and mailed to all interestedparties served under subsection B of this section, and such report andrecommendation and any exceptions thereto shall be examined by the court andconfirmed or corrected as provided in § 26-33.

B. Not less than twenty days prior to the scheduled hearing on anyapplication for approval of a transfer of structured settlement paymentrights under § 59.1-476, the transferee shall file with the court orresponsible administrative authority and serve on all interested parties anotice of the proposed transfer and the application for its approval,including with such notice:

1. A copy of the transferee's application;

2. A copy of the transfer agreement;

3. A copy of the disclosure statement required under § 59.1-475.1;

4. A listing of each of the payee's dependents, together with eachdependent's age;

5. Notification that any interested party is entitled to support, oppose orotherwise respond to the transferee's application, either in person or bycounsel, by submitting written comments to the court or responsibleadministrative authority or by participating in the hearing; and

6. Notification of the time and place of the hearing and notification of themanner in which and the time by which written responses to the applicationmust be filed (which shall be not less than fifteen days after service of thetransferee's notice) in order to be considered by the court or theresponsible administrative authority.

(1999, c. 993; 2001, c. 537.)

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-41 > 59-1-477

§ 59.1-477. Procedure for approval of transfers.

A. An application under this chapter for approval of a transfer of structuredsettlement payment rights shall be made by the transferee and may be broughtin the state in which the payee resides, in the state in which the structuredsettlement obligor or the annuity issuer maintains its principal place ofbusiness, or in any court or before any responsible administrative authoritythat approved the structured settlement agreement. Applications brought inVirginia shall be brought in circuit court, and such court may refer thematter to a commissioner of accounts for a report to such court and arecommendation on the findings required by § 59.1-476. Such report andrecommendation shall be filed with the court and mailed to all interestedparties served under subsection B of this section, and such report andrecommendation and any exceptions thereto shall be examined by the court andconfirmed or corrected as provided in § 26-33.

B. Not less than twenty days prior to the scheduled hearing on anyapplication for approval of a transfer of structured settlement paymentrights under § 59.1-476, the transferee shall file with the court orresponsible administrative authority and serve on all interested parties anotice of the proposed transfer and the application for its approval,including with such notice:

1. A copy of the transferee's application;

2. A copy of the transfer agreement;

3. A copy of the disclosure statement required under § 59.1-475.1;

4. A listing of each of the payee's dependents, together with eachdependent's age;

5. Notification that any interested party is entitled to support, oppose orotherwise respond to the transferee's application, either in person or bycounsel, by submitting written comments to the court or responsibleadministrative authority or by participating in the hearing; and

6. Notification of the time and place of the hearing and notification of themanner in which and the time by which written responses to the applicationmust be filed (which shall be not less than fifteen days after service of thetransferee's notice) in order to be considered by the court or theresponsible administrative authority.

(1999, c. 993; 2001, c. 537.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-41 > 59-1-477

§ 59.1-477. Procedure for approval of transfers.

A. An application under this chapter for approval of a transfer of structuredsettlement payment rights shall be made by the transferee and may be broughtin the state in which the payee resides, in the state in which the structuredsettlement obligor or the annuity issuer maintains its principal place ofbusiness, or in any court or before any responsible administrative authoritythat approved the structured settlement agreement. Applications brought inVirginia shall be brought in circuit court, and such court may refer thematter to a commissioner of accounts for a report to such court and arecommendation on the findings required by § 59.1-476. Such report andrecommendation shall be filed with the court and mailed to all interestedparties served under subsection B of this section, and such report andrecommendation and any exceptions thereto shall be examined by the court andconfirmed or corrected as provided in § 26-33.

B. Not less than twenty days prior to the scheduled hearing on anyapplication for approval of a transfer of structured settlement paymentrights under § 59.1-476, the transferee shall file with the court orresponsible administrative authority and serve on all interested parties anotice of the proposed transfer and the application for its approval,including with such notice:

1. A copy of the transferee's application;

2. A copy of the transfer agreement;

3. A copy of the disclosure statement required under § 59.1-475.1;

4. A listing of each of the payee's dependents, together with eachdependent's age;

5. Notification that any interested party is entitled to support, oppose orotherwise respond to the transferee's application, either in person or bycounsel, by submitting written comments to the court or responsibleadministrative authority or by participating in the hearing; and

6. Notification of the time and place of the hearing and notification of themanner in which and the time by which written responses to the applicationmust be filed (which shall be not less than fifteen days after service of thetransferee's notice) in order to be considered by the court or theresponsible administrative authority.

(1999, c. 993; 2001, c. 537.)