§ 6-11-54 — Effects of Transfer of Rights

Alabama § 6-11-54

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 11: Damages
• Art. 3: Structural Settlement Protection Act

Text

(a) Following a transfer of structured settlement payment rights under this article:
(1) The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments.
(2) The transferee shall be liable to the structured settlement obligor and the annuity issuer in the following cases:
a. If the transfer contravenes the terms of the structured settlement, for any federal or state income taxes, interest, fees, and penalties incurred by the parties, including the annuity issuer and structured settlement obligor, as a consequence of the transfer.
b. For any other liabilities or costs, including reasonable costs and attorneys’ fees, arising from compliance by the parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee’s failure to comply with this article.
(b) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees.
(c) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this article.

Legislative History

(Act 2006-628, p. 1714, §5.)