what kind of attorney do i need for cashing in a structured settlement

by Elfrieda Bashirian 8 min read

If you want cash for structured settlements, you will have to sell all or a portion of your payments. The best way to make this happen is with the help of a financial advisor or attorney. These professionals will help you find a reputable factoring company that protects your interests when selling.

Full Answer

What questions should I ask when hiring a structured settlement attorney?

How do I Sell my structured settlement money?

Should I take a structured settlement for my personal injury case?

The company looking to buy your structured settlement will be represented in court by an attorney. This fact alone says that you should strongly consider hiring a licensed and qualified attorney to represent your interests in this transaction.

Can I cash-out my personal injury settlement?

Jan 16, 2014 · [wp_campaign_1] One of the major issues with selling your structured settlements annuities is the hassle over court appearances and getting...

What is a structured settlement and how does it work?

Structured settlements are periodic payments made to a plaintiff who wins or settles a personal injury lawsuit. Instead of receiving a lump sum of...

Where can you sell your structured settlement payments?

You can sell your structured settlement payments to a reputable factoring company, otherwise known as a purchasing company. It is important to do y...

What is the difference between a structured settlement and an annuity?

A structured settlement follows a court process, and it is a stream of payments determined through negotiations between a plaintiff and a defendant...

How much does it cost to sell a structured settlement?

Selling a structured settlement is not a dollar-for-dollar exchange. The purchasing company will charge a discount rate, which typically ranges bet...

Why Does a Judge Need to Approve the Sale of My Structured Settlement?

The need for a judge’s approval is based on a desire to protect the structured settlement holders from both themselves and bad actors who seek to take advantage of vulnerable individuals.

The Court Process

The court process should be fairly straightforward, but like any court appearance or legal transaction, you are well-advised to prepare in advance.

Will You Need a Lawyer?

The company looking to buy your structured settlement will be represented in court by an attorney. This fact alone says that you should strongly consider hiring a licensed and qualified attorney to represent your interests in this transaction.

What are the pros and cons of structured settlement?

Structured Settlement Pros and Cons 1 Payments are tax-free. 2 In the event of the recipient’s death, the beneficiary can continue to receive tax-free payments. 3 Payments can be scheduled for almost any length of time and can begin immediately or be deferred for as many years as requested. They can include future lump-sum payouts or benefit increases. 4 Spreading out payments over time can reduce the temptation to make large, extravagant purchases and guarantees future income. This is especially helpful if the recipient has a medical condition that will require long-term care. 5 Unlike stocks, bonds and mutual funds, structured settlements do not fluctuate with market changes. Payments are guaranteed by the insurance company that issued the annuity. 6 A structured settlement often yields, in total, more than a lump-sum payout would because of the interest your annuity may earn over time.

When did structured settlements start?

Structured settlements were first issued in the U.S. in the 1970s when similar cases arose.

When did structured settlements become popular?

Likewise, after the recipient passed away, payments to the estate continue to be excluded from taxation. Structured settlements gained popularity in the 1980s after the U.S. Congress passed the Periodic Payment Settlement Act of 1982.

What is the most common type of case?

The most common cases are: Personal Injury. A personal injury case is a civil case where someone who’s been harmed files a lawsuit seeking money from the person believed responsible for the harm. Money in the form of a structured settlement helps recipients pay for medical expenses or other costs. Workers’ Compensation.

What is a personal injury case?

A personal injury case is a civil case where someone who’s been harmed files a lawsuit seeking money from the person believed responsible for the harm. Money in the form of a structured settlement helps recipients pay for medical expenses or other costs. Workers’ Compensation.

Why should you carefully consider the terms of your annuity?

You should carefully consider the terms of your annuity because they can’t be renegotiated after the contract has been issued. That can limit your options if your financial situation changes due unemployment, illness or other setbacks.

Is an annuity tax free?

Conversely, an annuity is meant to provide income throughout the recipient’s lifetime, and any interest and taxes earned through the annuity will grow tax-free.

Is structured settlement income taxed?

According to the Periodic Payment Settlement Act of 1982, income from a structured settlement is exempt from taxation, just as the income from lump-sum settlements is exempt. It did, however, have the undesirable effect of limiting the ability of structured settlement recipients to fully control their own finances.

Does the factoring company represent you?

First and foremost, you must understand that the attorney the factoring company sends to your hearing does not represent you or your interests. This is the buyer’s lawyer, and as such, his or her loyalty is to the factoring company.

What documents are needed for a 401(k)?

Bring the Required Documents 1 Valid photo ID or driver’s license 2 Settlement and release agreement 3 Sale or transfer documents 4 Annuity contract that funds your payments

What is factoring company?

Factoring companies, or structured settlement buyers, are legitimate businesses that offer a discounted lump sum in exchange for the rights to the seller’s future payments. There is nothing inherently insidious about the secondary market when all parties are informed and transparent. The problem arises when bad actors enter the picture.

Why is it important to have documentation on hand?

Having the required documentation on hand will not only prevent any delays with the sale, but it will also show the judge that you are competent, professional and in control of your actions.

How to improve your chances of approval?

How Can I Improve My Chances of Approval? 1 Have you compared the quote from the factoring company to quotes from its competitors? 2 Are you confident in the buyer’s reputation? 3 Are you aware that you will receive less money by selling now than you would if you waited for the installment payments? 4 Do you fully understand the transfer agreement? 5 Has the agreement been reviewed by an attorney or other professional advisor who is not working for the purchasing company?

What is structured settlement annuity?

Structured settlement annuities are similar to either an immediate annuity or deferred annuity. The structured settlement payments are guaranteed and irrevocable; however, the annuity settlement options can differ from typical income contracts. In a structured settlement payout, the payments may increase or decrease down the road multiple times.

What is a settlement in a car accident?

A settlement typically includes a lump-sum of cash upfront (cash advance), one time, to cover immediate expenses, followed by guaranteed periodic payments, tax-free, customized to meet the needs of the settlement winner. You should think in terms of winning a personal injury lawsuit due to a car crash. An annuity settlement is negotiated between ...

What is structured annuity?

The annuity is an irrevocable stream of regular payments from an insurance company that is structured in a way dictated by the court system.

What is secondary market annuity?

Secondary Market Annuities is when a 3rd party company gives a settlement owner a lump sum of money for the structured settlement payment. Basically, you sell your settlement payments at a heavy discount via a settlement transfer in exchange for a lump sum of cash.

When did the Federal Periodic Payment Settlement Act become mandatory?

The Federal Periodic Payment Settlement Act of 1982 made it mandatory for court approval on all sales of structured settlements to ensure the consumer’s best interest is put first, and limit any sort of party from taking advantage of the settlement recipient.

Is there a death benefit on an annuity?

If the annuity is set up for life contingent payments (life only, joint and survivor) then typically there is no death benefit. This exception here would be if there was a guaranteed term (single or joint-life with period certain) put into place.

Can annuities be inherited?

If the settlement is structured to pay over a guaranteed fixed period of time then normally the annuity can be inherited for the remainder of the guaranteed installments. Inherited structured settlements should still provide tax-free payments to the beneficiary.

What if you need cash now..

What if you find yourself in a situation being hard pressed for a larger sum of money, but have no other financial source to get the needed funds from?

Possible solution: get cash for structured settlement payouts

The good news is that you can still generate money through your structured settlement by selling some of your payments and get cash for structured settlement payments.

Ready for a cash out? here's what to do

Are you ready to sell your structured settlement? You'll need to go through the following in order to initiate and complete your settlement payments transfer:

Why you get less in a cashout

Before you go ahead and sell your structured settlement payments, it is important to understand that you will not get the full amounts of your future payments when trading them in for a cash lump sum now.

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Is structured settlement a good idea?

Instead of putting away the money to provide for their future personal and medical needs, some people will spend it on questionable investments or purchase expensive luxuries. If you think this might be you, then a structured settlement may be a good idea.

Why do people choose structured settlements?

Some people choose a structured settlement to avoid the hassles of managing a large sum of money.

Can a defendant purchase an annuity?

To carry out these periodic payouts, the defendant will often purchase an annuity from an insurance company. That way, the defendant can remove your obligation from its books and transfer the responsibility for payment to a company with expertise in managing periodic payments.