Taking Steps To Sell A Structured Settlement Payment And Then Accomplishing A Sale

By Henry Jeon

Considerations involving the need to sell a structured settlement payment are many and varied. These payments are usually the result of a settlement has been reached in a personal injury or tort lawsuit and will include such features as a payment of settlement money over a defined period of time. These sorts of settlements have grown in popularity over the last several decades.

Commonly, a structured settlement is used instead of a lump-sum payment which -- before the 1970s -- was the preferred method of paying upon settlement of a lawsuit involving personal injury or some other tort. In most structured settlements, pre-determined amounts of money are paid off over a certain length of time and in installments. Many beneficiaries of such settlements live quite nicely off them.

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. - 31884

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