Public-domain · open source
OpenJurist

Va. Code Ann. § 59.1-476

Approval of transfers of structured settlement payment rights

Applied in 3 court decisions — leading case Stone Street Capital, Inc. v. Granati (In Re Granati) (2001)

Most recently applied in 462 F. Supp. 2d 951 - Aurora National Life Assurance Co. v. Harrison (November 2006)

1999, c. 993; 2001, c. 537; 2016, cc. 273, 739.

How often courts cite this section

2001200610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee or assignee of structured settlement payment rights unless the transfer has been authorized in advance in a final court order based on express findings by such court that:

1. The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;

2. The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived in writing the opportunity to seek and receive such advice; and

3. The transfer does not contravene any applicable statute or the order of any court or other government authority.

Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.