Structured settlement payments are paid in equal installments for a specific period of time. For example, a lawsuit of $1,000,000 (with 20 years of structured payments) is $50,000 annually or 240 monthly payments of approximately $4,166.67. Sources of structured payments are: from an insurance company, a lawsuit, as a result of death (guaranteed) or living (life contingent), and tax-free income. Worker’s compensation claims do not qualify as structured payments. If an annuitant (the person receiving the structured payments) needs the money in a lump sum, then a structured settlement factoring company may purchase the future payments.
What to Know Upfront
An annuitant will receive considerably less money for receiving a lump sum. When purchasing future payments, funders (used by factoring companies) assume all the risks associated with the structured settlement and must hedge against future inflation. It should be understood that factoring companies are in business to make money. Carefully weigh the options before considering (selling or) cashing out a structured settlement. The government’s Model State Structured Settlement Protection Act requires full disclosure of all terms of a sale.
The structured settlement payments received are generally tax-free. Tax benefits could be lost by cashing out future structured payments and state and federal taxes could further reduce the lump sum amount. That is why an annuitant should fully understand the ramifications of selling future structured payments.
Do Research First
Investigate a company’s BBB track record for any company complaints. A factoring company with more than five complaints, since its inception, should be avoided. Get several quotes before deciding on a company. Do not accept the first quote received because companies will bid low to increase profit. Never disclose a previous quote to a perspective factoring company.
Certified Funders
A factoring company uses funders that it certifies and they must meet minimum conditions. Minimum conditions for certified funders: an accredited BBB business, not merely a broker but have access to its own funding, maintain consistent best price practice, have fast service, have no default on any sale transactions, be in business for three years, be a U.S. registered company, have the ability to purchase future structured settlement payments in all 50 states and its territories, and no anti-competitive practices.
How to Cash out a Structured Settlement
The structured settlement information is put out for bid to certified funders and quotes are given to the annuitant to decide on a company. The annuitant completes forms and receives payment within 8 to 12 weeks. Good factoring companies will guarantee a closing date and if they mention “interest drag”, to delay closing, find another company. Interest drag is a tactic factoring companies use to make more profit by delaying the closing date. The closing guarantee should state that any delays will be paid per diem, to the annuitant, at the time of closing. A factoring company agreeing to this proves that there is no intention of delaying the closing date to gain additional profit.
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