Day: June 16, 2019

Independent Professional AdviserOriginally Posted on January 16, 2015, last updated on June 25, 2015 and reposted on June 16, 2019

Transfers of Structured Settlement Payment Rights – Independent Professional Adviser

Judge Pro-tems, and Your Case:  Does it Matter?

Independent professional advisers are here to help. Did you know there are 5 types of judges, with different names?  Which type of judge will oversee your case, and why does it matter?  If the regular judge that normally adjudicates transfers of structured settlement cases is out sick, and a judge pro tempore (defined below) is filling in, the temporary judge might not be as wise, or knowledgeable with the law governing transfers of structured settlements.

That’s not to say the judge pro-tem won’t do the best job they can, but it is usually to your benefit to have the regular judge; the behavior is predictable, and they specialize in transfer of structured settlement law.  Having a judge pro-tem can be a wild card.

Your independent professional adviser will be aware of who is adjudicating your case.

Judge – is an official of the judicial branch of government, elected or appointed by the Governor and employed by the State, who has been admitted to practice law in California for at least 10 years, with authority to decide lawsuits brought before the courts.

Commissioner is an attorney admitted to practice law in California for at least 10 years, elected by the judges of the Court and is an employee of the Court, given the power to hear and make decisions in certain kinds of legal cases including misdemeanors, felonies through the preliminary hearing stage, family law and juvenile cases.

Referee – is a person appointed by and an employee of the Court (generally an attorney) to hear and make decisions on limited legal matters, such as juvenile and traffic offenses.

In California, the term Justice is used to identify members of the Courts of Appeal and the State Supreme Court.

A “pro-tem” (judge pro tempore) is a commissioner or referee temporarily replacing a judge.

 

Definitions ONLY, courtesy of Los Angeles Superior Court

Originally posted 2015-01-16 21:35:00. Republished by Blog Post Promoter

The post Independent Professional Adviser<span class="entry-meta">Originally Posted on January 16, 2015, last updated on June 25, 2015 and reposted on June 16, 2019</span> appeared first on Structured Settlement Expert.

Structured Settlement Trying to Sell?Originally Posted on January 16, 2015, last updated on February 13, 2016 and reposted on June 16, 2019

By AFG Newswire Sept. 17, 2014 9:08 p.m.

Still Need Your Structured Settlement for the Future; Yet Trying to Sell?

 If you are in this position, the best advice is to hire an experienced independent professional adviser in the structured settlement industry, put all your cards on the table with them, and let them give you their professional opinion on what your possibilities are.

The structured settlement law looks out for the best interest of the payee.  A specific section instructs the judge to assess whether or not you still need the future payments for medical or living expenses.

The section in the code is simple to read:

10139.5(b)(6) “Whether, when the settlement was completed, the future periodic payments that are the subject of the proposed transfer were intended to provide for the necessary living expenses of the payee and whether the payee still needs the future structured settlement payments to pay for future necessary living expenses”.

The judge must find that you do not need your future payments for future necessary living expenses.

If you have any question at all about this in your mind, you should consult a professional and see where you stand.

Structured Settlement Trying to Sell? Getting a second opinion is easier than you think, contact an Independent Professional Advisor

Independent Professional Advisor

Originally posted 2015-01-16 20:50:15. Republished by Blog Post Promoter

The post Structured Settlement Trying to Sell?<span class="entry-meta">Originally Posted on January 16, 2015, last updated on February 13, 2016 and reposted on June 16, 2019</span> appeared first on Structured Settlement Expert.