Structured Settlement Attorney
Limited and General Civil Cases: Determining Which is Yours
Limited Civil (in California) refers to cases with claims up to $25,000, including small claims cases. General Civil refers to cases over $25,000. Sometimes “General Civil”, will be referred to as “Unlimited Civil”.
General Civil cases are usually heard in different Courthouses than Limited Civil cases. General Civil cases could take longer, because more rules apply; there’s more money at stake.
Generally speaking transfer of structured settlement payment rights are typically qualified as General Civil, because the monies involved are usually over $25,000.
To figure out whether your case is a Limited or General Civil case, figure out if the amount of money being transferred is over $25,000; if it is, it is a General Civil case.
With this information, you could go on the Superior Courts’ website and figure out exactly WHICH courthouse hears General Civil cases.
Or, just ask your Structured Settlement Attorney!
In most all of the structured settlement transfer cases they will be assigned to the general civil calendars based on the petition requesting transfer. When a structured settlement attorney files a petition requesting a transfer on behalf of the petitioner ( also known as the purchaser) it is automatically routed the courts that hear such petitions. Sometimes that maybe the same court that hears probate petitions or even name change petitions.
So you can start to see why it is important as the seller ( also known as the respondent) to have your own structured settlement attorney. Which according to the structured settlement protection act is referred to as an Independent Professional Advisor. Since the court is required to act in your best interest only having an attorney representing the purchaser makes the transfer seem uneven.
Originally posted 2015-03-04 22:48:52. Republished by Blog Post Promoter