Structured Settlements are legal agreements between two parties whereby one party agrees to make payments over time in exchange for their release of liability to the other. Structures are usually associated with personal injury claims in which the plaintiff agrees to accept annuity payments from an insurance company in exchange for their release of liability against the defendant.
Why would anyone want to sell his or her structured annuity payments?
While structured settlements serve an important role and more often than not meet the payees needs, they are incapable of resolving their unplanned, immediate financial needs. If the individual seeks money from his or her settlement payments, it is usually because they have a financial emergency. They may have lost their job or gotten a divorce, need to save a home from foreclosure, encountered medical emergencies or any number of valid reasons. Liquidating a portion of their settlement payments is sometimes the only solution to critical problems.
Who is Settlement Capital and what do they do?
Settlement Capital Corporation (SCC) was the first to provide the liquidity to structured settlement payees, and since 1988 has maintained its leadership position in the industry. SCC is an industry leader and worked with other companies to form a trade group (The National Association of Settlement Purchasers, NASP) to fight for claimant's rights to sell payments. SCC and NASP have successfully worked to pass state and federal laws to protect the right to sell payments when needed.
How can I sell my structured settlement payments?
We just need to know the state you reside in, your insurance company and your payments in order to provide you a free, no obligation quote. Once you are ready to proceed, we will need copies of other documents, such as your settlement agreement and annuity policy.
What if I want to sell only a portion of my payments in the USA?
More often than not, Settlement Capital purchases only a portion of the seller's payments to meet their specific financial need. SCC can structure a plan to buy a portion of each payment, buy payments for a short period of time. Each transaction is tailored to your needs.
What is the contracting process? And how long will it take?
By law, we will first send you a disclosure that will specify exactly what we are buying and how much you will get. This is sent out as soon as you agree to do the transaction. A contract will follow shortly. Once you sign and return it to us, we will begin the court order process. The exact time can vary depending on your state and insurance company, so it can range between 45- 90 days.
When will I get my money?
Contracts are typically funded from between 7 to 15 working days from the time the order is approved.
Will I have to pay taxes when I sell payments?
While SCC does not give tax or legal advice, and we encourage you to seek competent counsel for these issues, Internal Revenue Code section 5891(d) and other IRS authorities make it clear that if you are receiving income tax free personal injury payments through a structured settlement and sell some or all of those payments, the money you get from a sale or transfer is likewise income tax free.
What happens if the Judge denies my case?
Settlement Capital will do everything we can to achieve acceptance in court. If for some reason it is denied, we will work with you to eliminate court objections. You will not be responsible for any costs if the transaction is denied in court by the judge.
Can I get an advance?
Our Quick Cash Advance program can provide an advance to assist you while we wait for the court order to be approved.
Can this be done on worker's compensation settlements?
We can purchase Workers Compensation Settlements in certain states. Contact us for details
What if I know someone who has a structured settlement?
Feel free to contact us and let us know who they are. We will contact them and see if they are interested in selling their payments. If they do sell their payments, we will pay you a finder fee when it closes. These fees range from $100 - $500.
Can I still sell my payments even if my settlement or annuity says I can't?
Because of the way structured settlements developed, some settlement agreements, annuities, and even benefits letters from insurance companies say that you cannot sell or transfer your payments. SCC and others in the settlement factoring business fought hard in courts around the country to make sure that people like you could sell your payments when needed. For the most part we won those fights, and state legislatures around the country have approved procedures for selling payments through a court ordered transfer. Our in-house legal team, working with attorneys where you live, will strive to get your sale approved in court, as we do everyday all over the country. Moreover, SCC has excellent relationships with most insurance companies and can usually reach an agreement with them.