§ 28A-104 — Procedure for approval of transfers.

District of Columbia § 28A-104

• Jurisdiction: District of Columbia
• Title 28A: Other Consumer Protections.
• Ch. 1: Structured Settlements Protection.
• Subch. I: General.

Text

(a) An application for approval of a transfer shall be made by the transferee and shall be brought in the Superior Court of the District of Columbia or in another court that approved the structured settlement agreement.

(b) The court shall hold a timely hearing on an application for approval of a transfer. The payee shall appear in person at the hearing unless the court determines that good cause exists to excuse the payee from appearing in person.

(1) 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 by participating in the hearing.

(2) The deadline for interested parties to file written comments shall not be fewer than 15 days after service of the transferee's notice to that interested party.

(d) Not fewer than 20 days before the scheduled hearing on any application for approval of a transfer, the transferee shall file with the court and serve on all interested parties a notice of the proposed transfer, and the application for the transfer's approval, including:

(1) A copy of the transferee's application;

(2) A copy of the transfer agreement;

(3) A copy of the disclosure statement required by § 28A-103 ;

(4) The payee's name, age, place of domicile and the number and ages of the payee's dependents;

(5) A summary of:

(A) Any prior transfers by the payee to the transferee or an affiliate, or through the transferee or an affiliate to an assignee;

(B) Any proposed transfers by the payee to the transferee or an affiliate, or through the transferee or an affiliate to an assignee, for which the applications for approval were denied; and

(C) To the extent that such transfers or proposed transfers have been disclosed to the transferee by the payee or otherwise are actually known to the transferee:

(i) Any prior transfers by the payee to any person or entity other than the transferee or an affiliate or an assignee of the transferee or an affiliate; and

(ii) Any proposed transfers by the payee to any person or entity other than the transferee or an affiliate or an assignee of a transferee or affiliate, applications for approval of which were denied;

(6) A statement describing what the transferee has done to identify and obtain information, disclosure of which is required by paragraph (5)(C) of this subsection;

(7) 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 by participating in the hearing; and

(8) Notification of the time and place of the hearing and notification of the manner in which and the time by which written comments must be filed.

(e) For the purposes of this section, the term "affiliate" shall have the same meaning as provided in § 31-5601.01(2) .