78B-6-1506 - Procedure for approval of transfers.
78B-6-1506. Procedure for approval of transfers.
(1) An application under this part for approval of a transfer of structured settlementpayment rights shall be made by the transferee and may be brought in the county in which thepayee resides, in the county in which the structured settlement obligor or the annuity issuermaintains its principal place of business, or in any court which approved the structured settlementagreement.
(2) Not less than 20 days prior to the scheduled hearing on any application for approvalof a transfer of structured settlement payment rights under Section 78B-6-1504, the transfereeshall file with the court and serve on all interested parties a notice of the proposed transfer andthe application for its authorization, including with the notice:
(a) a copy of the transferee's application;
(b) a copy of the transfer agreement;
(c) a copy of the disclosure statement required under Section 78B-6-1503;
(d) a listing of each of the payee's dependents, together with each dependent's age;
(e) notification that any interested party is entitled to support, oppose, or otherwiserespond to the transferee's application, either in person or by counsel, by submitting writtencomments to the court or responsible administrative authority or by participating in the hearing;and
(f) notification of the time and place of the hearing and notification of the manner inwhich and the time by which written responses to the application must be filed, which shall benot less than 15 days after service of the transferee's notice, in order to be considered by the courtor responsible administrative authority.
Renumbered and Amended by Chapter 3, 2008 General Session