§ 59.1-477. Procedure for approval of transfers
A. An application under this chapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the state in which the payee resides, in the state in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or in any court or before any responsible administrative authority that approved the structured settlement agreement. Applications brought in Virginia shall be brought in circuit court, and such court may refer the matter to a commissioner of accounts for a report to such court and a recommendation on the findings required by § 59.1-476. Such report and recommendation shall be filed with the court and mailed to all interested parties served under subsection B of this section, and such report and recommendation and any exceptions thereto shall be examined by the court and confirmed or corrected as provided in § 26-33.
B. Not less than twenty days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under § 59.1-476, the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its approval, including with such notice:
1. A copy of the transferee's application;
2. A copy of the transfer agreement;
3. A copy of the disclosure statement required under § 59.1-475.1;
4. A listing of each of the payee's dependents, together with each dependent's age;
5. Notification that any interested party is entitled to support, oppose or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and
6. Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed (which shall be not less than fifteen days after service of the transferee's notice) in order to be considered by the court or the responsible administrative authority.
(1999, c. 993; 2001, c. 537.)
Sections: Previous 59.1-475 59.1-475.1 59.1-476 59.1-476.1 59.1-477 59.1-477.1 NextLast modified: April 16, 2009