Preparing for a Structured Settlement Factoring Transaction

Most people involved in a structured settlement factoring transaction will have to attend a brief court hearing before the sale can be approved and funds released. Knowing this, you may wonder what the hearing is like. Do not worry; the hearing will be brief and simple, and if you go with Strategic Capital you are certain to be properly prepared.
When A Hearing Is Necessary

In all states the court is required to approve any sale of structured settlement payments. While Strategic Capital’s lawyers will file your court paperwork and handle the legal processing, most judges and most courts will require you to appear in court before final approval of your sale will be granted. This is so that the judge can have an opportunity to ask you questions and so that the judge can feel comfortable that you know what you are doing, and that you are making an informed decision about your structured settlement factoring transaction. While this may create some anxiety for you it is nothing to be worried about.
Preparing for the Hearing

At the hearing for your structured settlement factoring transaction you simply need to be ready to answer the judge’s questions. The judge may want to know exactly what you want to do with the money, and you need to be ready to explain clearly why you need the money and what you intend to do with the cash. In short, the judge may ask about the following:

  • The judge may ask why you are selling the payments.
  • The judge may ask whether you tried to find the money that you need in some other way, and why you couldn’t get it there.
  • The judge may ask you how you plan to support yourself and pay your monthly living expenses.
  • The judge may ask you for a detailed list of the expenses you intend paying with your lump sum.

During your structured settlement factoring transaction, you can make sure you are prepared for the hearing by having a list of what you will do with the money, and even have notes about all the specific expenses and costs that you have. Be prepared to tell the judge what other avenues you have explored for getting this cash, and to assure the judge that you understand the terms, you understand what this will cost you, and that you will be able to get by without the structured settlement payments that you are selling.
You Have Nothing to Fear

A good structured settlement factoring transaction company will make sure that, before the hearing, its lawyer goes over with you what you can expect at the court hearing. They will be certain that you have a good idea about what the judge is like and what he is likely to ask. In court, you need to dress professionally, speak respectfully and answer truthfully and you will be fine.

Some courts do not require you to appear in court. Although every situation is unique, the following states are generally comfortable with an affidavit from you and generally do not require a personal appearance in court: Florida, Kentucky, Louisiana, Tennessee and Virginia. In those cases you may need to sign an affidavit affirming that you understand what you are doing with your payments and are certain that this is the best choice for you.

Whether you have to appear in court or not, you can be assured that Strategic Capital will make it as easy as possible for you. Strategic Capital will work with you to ensure that the sale of your payments (all or part of them) will be a positive step towards accomplishing what you hope to accomplish. We will also ensure that your sale is done correctly and as quickly as possible.

Published : April 22, 2013

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