Selling your Structured Settlement Payments

Posted by man on 02 February 2010

The benefits that you can get by owning a structured settlement annuity are invaluable. The primary benefit that you could get from structured settlement payments is that your family and you are well covered financially for a longer period; another advantage is that these payments and also the interest earned on them are free from tax. However, if you need the money or simply have better investment options, you are entitled to it.

Your structured settlement payments can be sold without attracting any federal taxes and this has been approved as per federal law HR 2884. The sale of structured settlement payments is allowed not only in federal laws but also in the state laws of the two-thirds of the states in the United States.  In order to become eligible for selling this without paying any taxes you should get the prior approval of the court.

Selling Your Structured Settlement

Getting approval for the sale of your structured settlement payments from the court is relatively easy if you have solid reasons to prove that you require this money. The judge will review your case to see if the transaction will benefit you and your dependents.

In order to get a positive judgment from the court for selling your structured settlement payments you must be an adult with sound mind and you should have genuine reasons to prove that you are doing this in the interest of your and your family’s welfare. If you appear in the court on the hearing day your chances of getting court approval will be high. Sale of structured settlement payments is permissible without court approval but you will be taxed on the payments and also its interest.

The purchasing company with whom you are having discussions might be interested in purchasing your structured settlement payments. To facilitate finalization of the sale they will handle necessary legal formalities. They will not charge you for this extra effort they have taken for this; however, in the absence of court approval, you are liable to pay taxes on the money you receive.

First of all you must get quotes from various companies. Getting quotations from a number of companies is advantageous to you because it will give you a chance to select the best among them. You should send copies of the structured settlement policy to the purchasing company whom you select after running through various applications. You will receive from the purchasing company a disclosure document which you are expected to sign. This document explains the conditions of the transaction. It must be singed and returned.

The court hearing will be the next step in this process. Depending on your state of residence and your insurance company, the process can take up to 90 days. In majority of the cases the sellers get their money within 10 days after court approval.

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