Iowa Code 682.3 – Required disclosures to payee
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 682.3
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
682.3 Required disclosures to payee.
Not less than three days prior to the date on which a payee signs a transfer agreement, the
transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen points, setting forth all of the following:
1. The amounts and due dates of the structured settlement payments to be transferred.
2. The aggregate amount of the structured settlement payments.
3. The discounted present value of the payments to be transferred which shall be identified as the “”calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities””, and the amount of the applicable federal rate used in calculating the discounted present value.
4. The gross advance amount.
5. An itemized listing of all applicable transfer expenses, other than attorney fees and related disbursements payable in connection with the transferee’s application for approval of the transfer, and the transferee’s best estimate of the amount of any such fees and disbursements.
6. The net advance amount.
7. The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee.
8. A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the agreement is signed by the payee.
2001 Acts, ch 85, §3, 8
Referred to in §682.2, 682.6, 682.7
Not less than three days prior to the date on which a payee signs a transfer agreement, the
transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen points, setting forth all of the following:
1. The amounts and due dates of the structured settlement payments to be transferred.
2. The aggregate amount of the structured settlement payments.
3. The discounted present value of the payments to be transferred which shall be identified as the “”calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities””, and the amount of the applicable federal rate used in calculating the discounted present value.
4. The gross advance amount.
5. An itemized listing of all applicable transfer expenses, other than attorney fees and related disbursements payable in connection with the transferee’s application for approval of the transfer, and the transferee’s best estimate of the amount of any such fees and disbursements.
6. The net advance amount.
7. The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee.
8. A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the agreement is signed by the payee.
2001 Acts, ch 85, §3, 8
Referred to in §682.2, 682.6, 682.7