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Thinking On When To Sell A Structured Settlement Payment And How It’s Done

In: Structured Settlements

12 Dec 2009

Why one might sell a structured settlement payment and how it’s done can be important when someone who has been the recipient of a structured settlement award or decision is in need of fast cash or ready money. Structured settlements are financial arrangements that include periodic payments, in general. They often arise as a result of a personal or tort injury, especially in this country.

Usually, most every lawsuit settled or decided upon by a jury features a structured settlement rather than the payment of a lump sum which, prior to the 1970s, was the most common way of paying off in a lawsuit that involved personal injury or other torts. They are distinguished by the fact that money is paid on an installment basis over a length of time, with recipients living off the payments.

However, there may come a time when a recipient of a settlement needs to obtain fast or quick money in order to meet other financial obligations as a result of an emergency or some other issue. The law in most states allows for recipients of such settlements to sell off portions of their settlements in many cases in order to obtain up front money to meet emergency needs.

Think of the sale of such a payment to be like having a bird in the hand rather than waiting to try to capture two birds in the bush. Ready cash can be obtained up front rather than having to sit back and wait for money that is going to be paid out on an annual or some other sort of basis. Additionally, federal law generally doesn’t require the payment of any tax on such a sale.

The fact that a structured settlement payment isn’t subject to federal tax can go a long way towards making such a sale attractive, with many of these transactions taking place because of that fact. Such sales can range from several thousand dollars up past a million or more dollars. All such settlement prices depend on the structured payment and how much of it is going to be sold off.

When considering selling such a payment, the first thing to do is to check out the financial institutions or funding sources offering to buy such payments. Make sure that any funding source that is entering into negotiations for the sale of the payment is 100% reputable, is insured and also carries a bond guaranteeing that it can meet its financial obligations. These are minimum requirements.

Also, keep in mind that any such sale will tend to be at a negotiated discount rate between the recipient of the structured settlement payment and the funding source making the purchase of the payment. What this means is to be prepared to negotiate for as favorable a payment as can be obtained. Additionally, many states require the settlement recipient to obtain approval from a judge before the deal can be closed.

Certainly, there are occasions when it can sometimes make sense to sell a structured settlement payment, so take care to find a good funding source, first of all. Check the quote over carefully and decide if the amount offered will be sufficient. Once all steps between the two parties have been completed, it usually takes around 90 days before final payment can be made, so keep that in mind.

Why an individual might sell a structured settlement payment and how it’s done can be important when someone who has been the recipient of a sell structured settlement payments award or decision is in need of quick cash or ready money.


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