This text of Oregon § 33.857 (Contents of petition) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)A petition for approval of a transfer of payment rights filed under ORS 33.855 must: (a)Include the payee’s name, age and county of residence.
(b)Describe the financial terms of the proposed transfer, including the payment rights to be transferred by the payee and the amount to be received by the payee in return for the transfer.
(c)Be accompanied by a copy of the transfer agreement.
(d)Be accompanied by a copy of the disclosure statement required under ORS 33.860, and the signature of the payee acknowledging the payee’s receipt of the disclosure statement. (e)Generally describe the reasons why the payee seeks to transfer the payment rights.
(f)Be accompanied by a declaration under penalty of perjury by the payee:
(A)Stating whether the payee depends on structured settlement pay
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(1) A petition for approval of a transfer of payment rights filed under ORS 33.855 must:
(a) Include the payee’s name, age and county of residence.
(b) Describe the financial terms of the proposed transfer, including the payment rights to be transferred by the payee and the amount to be received by the payee in return for the transfer.
(c) Be accompanied by a copy of the transfer agreement.
(d) Be accompanied by a copy of the disclosure statement required under ORS 33.860, and the signature of the payee acknowledging the payee’s receipt of the disclosure statement.
(e) Generally describe the reasons why the payee seeks to transfer the payment rights.
(f) Be accompanied by a declaration under penalty of perjury by the payee:
(A) Stating whether the payee depends on structured settlement payments or government benefits for the payee’s necessary living expenses or required medical care and treatment.
(B) Stating whether the payee personally sustained physical injuries or sickness in connection with the incident from which the structured settlement arose and whether the injuries or sickness currently prevents the payee from working or substantially limits the work that the payee can perform.
(C) Providing a summary of:
(i) Any prior transfers of structured settlement payments by the payee to the transferee within the five years preceding the date of the pending transfer agreement.
(ii) Any prior transfers of structured settlement payments by the payee to a person other than the transferee within the five years preceding the date of the pending transfer agreement.
(iii) Any attempted prior transfers of structured settlement payments by the payee to the transferee or to a person other than the transferee within the year preceding the date of the pending transfer agreement, including any prior attempted transfers that were denied or that were dismissed or withdrawn prior to a decision on the merits of the transfer.
(D) If the payee has minor children, stating whether the payee is currently obligated to pay child support under any child support order, and whether the payee is current or in arrears under any child support order.
(2)(a) If the summaries required under subsection (1)(f) of this section describe any prior transfers or attempted transfers of structured settlement payments, the transferee shall, at or before the hearing on the petition:
(A) Provide to the court or responsible administrative authority a copy of the court orders approving, denying or otherwise relating to the transfers or attempted transfers involving the transferee; and
(B) Request from the payee or the annuity issuer or obligor under the structured settlement agreement copies of any court orders relating to any transfer or attempted transfer involving the payee and any other party and, if any orders are provided to the transferee, provide a copy of the orders to the court or responsible administrative authority at or before the hearing on the petition.
(b) The inability of the transferee or payee to provide copies of court orders under this subsection does not preclude the court or responsible administrative authority from approving the proposed transfer, if the court or authority determines that the court orders are not available to the transferee or payee after the transferee and payee have made reasonable requests to obtain the court orders.