Existing Structured Settlements

What if I misplace or lose the paperwork on my settlement?

Normally, if you have misplaced your paperwork, a copy can be obtained from a variety of sources. Contact the company that is responsible for administering your payments, your attorney, the company that settled your case, or the broker that assisted you with the structured settlement during the settlement.

What if my check doesn't arrive when it is supposed to?

Companies will usually ask you to wait a few days beyond the due date to account for occasional slow mail delivery. It will then stop payment and reissue a check. Exceptions can be made, but reasonable period of time usually is required before the company reissues a check. EFT (electronic fund deposits) or direct deposits help avoid lost or late checks. Ask your payment provider if EFT is available.

Can I use my benefits as collateral for a loan?

Normally, you may not use your benefits as collateral for a loan. The reason is that the federal law designed to provide these benefits to you on a tax-free basis also prohibits you from assigning or encumbering them.

Can I restructure my payments into a lump sum?

Again, the federal law that assures the payments you receive are on a tax-free basis, also prohibits converting your payments into a lump sum.

Someone has offered to purchase my structured settlement payments. What should I know before I agree to sell them or use them as collateral?

It is important that you seek the advice of a trusted attorney. If you do not have an attorney, you may wish to consult with the attorney who originally negotiated your case. If you cannot reach that person, you might also want to consider contacting the office of your state's attorney general.

In recent years, twelve states (California, Georgia, Maine, Missouri, Illinois, Minnesota, Kentucky, Connecticut, Virginia, West Virginia, Pennsylvania, and North Carolina) have enacted consumer protection statutes that contain strict conditions for these transactions. Those states that have enacted consumer protection laws have done so to safeguard you and your family.

Also, advocates for consumers and the disabled have publicly called attention to the practices of firms engaging in the purchase of structured settlement payments. These groups include the Consumer Federation of America, National Spinal Cord Injury Association, and the National Organization on Disability.

How do I change my beneficiary?

You may request a change providing the terms of your settlement or the payment provider do not prohibit such a request. The request should be made in writing. In some situations the original beneficiary or contingent payee may need to sign off on a change before it is made.

Can I add my spouse's name (or someone else's name) to my benefit check?

No one except the individuals specified in the Settlement Agreement can be made the payees on your checks. Exceptions may be made as the result of a court order.

Do I earn interest on these payments?

The interest is built in to your benefit payments. It is not itemized separately but is already added into the benefit you are receiving. Remember, your are receiving these benefits tax-free. In contrast, interest earned outside of your structured settlement normally is subject to taxation.

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