What you would be selling
A structured settlement pays out a legal claim, usually a personal injury or wrongful death case, over time instead of in one check. The defendant or its insurer buys an annuity from a life insurance company, and that insurer sends you payments on a fixed schedule: a set amount each month, sometimes with larger lump sums on set dates. You are the payee. You receive the money, but you do not own the annuity contract, and that is one reason a sale has to go through a judge.
What you sell is the right to some or all of those future payments. The buyer pays you a lump sum now. Once the court approves the transfer, the insurer sends the payments you sold to the buyer instead of to you, and keeps sending you any you did not sell. For the wider picture, read how this market works.
Who can sell
The payee named in the settlement can sell, as long as the payments come from a structured settlement and the law of the relevant state allows a transfer. A few situations need more care:
- Payments to a minor. These are usually held for the child, and a court is unlikely to approve a sale before the payee is an adult.
- Life-contingent payments. Payments that stop when you die can be sold, but the buyer prices in that risk and may ask for medical records.
- Payments sold before. A second sale is possible, but the judge will see the earlier order and will want to know why another one is needed.
The rules: transfer acts and a court hearing
Nearly every state has a structured settlement protection act. Federal tax law adds an excise tax on the buyer equal to 40% of its discount if a transfer goes ahead without a qualifying court order. In practice that means no court approval, no sale. The details differ from state to state, but the steps usually look like this:
- A disclosure statement. Before you sign, you receive a written statement of the payments being sold, the lump sum, the fees, and the discounted present value or effective discount rate.
- A waiting period. Many states set a minimum number of days between the disclosure and your signature.
- Independent advice. Some states require, or strongly expect, that you have spoken with an attorney or financial adviser who is not working for the buyer.
- Notice. The insurer and the party that owes the payments are told about the petition and can respond.
- A hearing. A judge decides whether the sale is in your best interest, taking into account the welfare and support of any dependents.
Judges do turn transfers down, most often when the price looks poor or the reason for selling is thin. Anyone who says you can skip the hearing is not describing a lawful transfer.
How long it takes
Most of the time goes to the court calendar, not to pricing. Preparing the petition and waiting for a hearing date commonly takes weeks to a few months, depending on the state and county. We cannot promise a date, but we can tell you where your file stands at each step.
Be careful with any company that offers you a cash advance before the judge rules. That money usually comes with terms that make it hard to change your mind or take a better offer.
Risks worth weighing
- The sale is permanent. Once the order is signed, you cannot buy the payments back at the price you sold them for.
- Costs come out of the lump sum. Legal, court and processing costs are separate from the discount, so ask for the net figure in writing.
- Tax treatment can change. Payments for a physical injury are generally tax-free. Ask a tax adviser how a lump sum would be treated in your case.
- Income you rely on goes away. If the payments cover rent or care, selling them moves the problem into the future.
When not to sell
Keep your payments if they are your main income, if the need is small enough that a short-term loan or a payment plan would cover it, or if the only offer you hold works out to a discount rate well above what other buyers quote.
If you do sell, sell only what covers the need. Selling the next few years, or a single future lump sum, leaves the rest of the schedule paying you. Judge every offer on its discount rate and net cash, as set out in how to compare offers, and see how settlement payments sit beside the other payment streams we buy and broker.