What a settlement payment stream is
Some lawsuits settle for one check. Others settle for a series of payments: the insurer or the defendant agrees to pay you a set amount every month or every year until the total is paid. That schedule of future payments is an asset, and like a private note it can be sold for a lump sum today.
There are two main kinds. A structured settlement is funded by an annuity bought from a life insurance company, usually in a personal injury or workers’ compensation case. Those have their own rules and their own page: selling structured settlement payments. A settlement installment agreement is simpler: the defendant, or its insurer, promised to pay over time, with no annuity in between. Business disputes, employment claims and contract cases often settle this way. This page is mostly about the second kind.
Who can sell, and what has to agree
You can sell if you are the person entitled to the payments under the settlement agreement and the payments are not in dispute. Before a buyer will bid, it reads the agreement for three things.
- Anti-assignment language. Many settlement agreements say the payments cannot be assigned, meaning transferred to someone else. That does not always end the conversation, but a buyer will need the payer’s written consent or a structure that works within the terms.
- Court involvement. Structured settlements need a judge’s approval under your state’s transfer act. Settlements for minors or people under a guardianship stay under court control whatever the structure.
- Liens. Medical providers, health insurers, Medicare or Medicaid and child support agencies can hold claims on the proceeds. They are paid first, and a buyer prices only what is left.
Your attorney from the case is the best first call. They know the agreement, the payer and any liens, and a buyer will usually want to speak with them.
Three products that get confused
Selling your installments is one of three ways people turn a settlement into cash early. Post-settlement funding is the related option: the case has settled for a lump sum, but the check has not arrived because releases, liens or insurer processing are still in progress. A funder advances part of that amount during the wait. If your settlement pays in one check, that is the product to look at, and we can talk through how its cost compares.
Pre-settlement funding is a different product altogether. It is an advance on a case that is still open, priced for the chance you lose, and usually far more expensive. It is not what this page covers. Our guide to how the legal settlement market works sets all three side by side.
How long it takes
Timing depends mostly on paperwork, not on the buyer. An installment agreement with no assignment limits and a large insurer as payer is the simplest case. Getting the payer’s consent, collecting lien payoff letters and, for structured settlements, waiting for a court hearing each add time. We tell you which of those apply to your file at the start, so the timeline you plan around is a realistic one.
Risks, taxes and when not to sell
Every sale is at a discount. In the example above, $120,000 of payments brings about $94,900 today, and the gap is the price of waiting and of the risk the buyer takes on. The rate depends heavily on who pays: an insurer’s promise prices much better than a small company’s or an individual’s. The method is the same one used for notes, explained in how note buyers calculate a price, yield and discount.
Taxes depend on the type of claim. Recoveries for physical injury are generally treated differently from back pay or contract damages, so ask a tax adviser before you sell.
Keeping your payments is often the better answer. If the installments cover rent, care or other regular bills, selling them swaps a dependable income for a one-time sum. If you need a set amount, selling only the next year or two of payments may cover it. If the payer is already slow or disputing what it owes, sort that out first, because a buyer will price the dispute in. And if you do sell, get more than one written offer and compare them on the same basis, using our checklist on how to compare offers.