Colonial pays cash for structured settlements!
Georgia statues
regarding Structured Settlements.
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This state statute overseeing the
sale of structured settlement payments and
the buying of annuities is not the Model
Act but should comply with Federal Law if
a declaratory judgment is obtained
(Colonial's interpretation)
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CODE OF GEORGIA
TITLE 51. TORTS
CHAPTER 12. DAMAGES
ARTICLE 4. DAMAGES IN TORT ACTIONS
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51-12-72 Written transfer agreement required.
(a) Any transfer agreement of structured settlement
payment rights must, in addition to the other requirements
of this article, be executed in writing. The transfer
agreement shall not be so executed until after the expiration
of the ten-day period provided for in paragraph (2)
of Code Section 51-12-71.
(b) No payee shall incur any obligation of any type
with respect to a proposed transfer of structured settlement
payment rights prior to the execution in writing of
the transfer agreement.
(c) Any payee who executes in writing a transfer agreement
shall have the right to rescind the transfer at any
time within the next 21 days following the written execution
of the transfer agreement. The transferee shall
furnish to the payee at the time of execution of the
transfer agreement a notice to the payee allowing the
payee 21 days to cancel the transfer. This right to
cancel shall not limit or otherwise affect the payee's
right
to cancel pursuant to any other provision of applicable
law. The notice shall serve as the cover sheet to the
transfer documents. It shall be on a separate sheet
of paper with no other written or pictorial material,
in at
least ten-point bold type, double spaced, and shall
read substantially as follows:
"NOTICE OF CANCELLATION RIGHTS:
Please read this form completely and carefully. It
contains valuable cancellation rights.
You may cancel this transaction at any time prior to
5:00 P.M. of the twenty- first day following receipt
of
this notice.
This cancellation right cannot be waived in any manner.
To cancel, sign this form, and mail or deliver it to
the address below by 5:00 P.M. of _________________
(the twenty-first day following the transaction). It
is best to mail it by certified mail or statutory overnight
delivery, return receipt requested, and to keep a photocopy
of the signed form and your post office receipt.
Address to which cancellation is to be returned:
______________________________________________________
I (we) hereby cancel this transaction.
________________________________ Payee's Signature
Date: ________________________________
51-12-73 (For effective date, see note) Powers and
duties of the administrator
(a) The administrator is authorized to promulgate,
adopt, and issue rules, regulations, and orders necessary
or convenient to carry out the provisions and purposes
of this article. Any such rules of a substantive nature
shall be promulgated only when it is determined by the
administrator, in the reasonable exercise of his or
her discretion and on the basis of his or her expertise
and the facts, submissions, evidence, and all
information before him or her, that such rules are needed
to prohibit or control acts or practices which
create the probability of actual injury to payees.
(b) The administrator shall prepare a pamphlet containing
information designed to help payees evaluate
proposed transfers of structured settlements and shall
distribute such pamphlets free of charge, except that
persons engaged in the business of purchasing structured
settlement payment rights may be charged a
reasonable fee for such pamphlets.
51-12-76 Provisions unwaivable; no penalty or forfeiture.
(a) The provisions of this article may not be waived.
(b) No payee who proposes to make a transfer of structured
settlement payment rights shall incur any
penalty, forfeit any application fee or other payment,
or otherwise incur any liability to the proposed
transferee based on:
(1) Any failure of such transfer to satisfy the conditions
of this article; or
(2) Any failure by the payee to execute the transfer
agreement or any cancellation by the payee within
the time prescribed in Code Section 51-12- 72.
51-12-77 Construction in accordance with other laws.
Nothing contained in this article shall be construed
to authorize any transfer of structured settlement
payment rights in contravention of applicable law or
to give effect to any transfer of structured
settlement payment rights that is invalid under applicable
law.
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