Louisiana Revised Statutes 9:2713.5 – A. 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
Terms Used In Louisiana Revised Statutes 9:2713.5
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- 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.
A. 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 point font, setting forth the following:
(1) The amounts and due dates of the structured settlement payments to be transferred.
(2) The aggregate amount of such 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 such 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 effective annual interest rate, which must be disclosed in a statement in the following form: “On the basis of the net amount that you will receive from us and the amounts and timing of the structured settlement payments that you are transferring to us, you will, in effect be paying interest to us at a rate of ____ percent per year”.
(7) The net advance amount.
(8) 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.
B. 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 note of payee’s rights, in bold type, no smaller than fourteen point font, setting forth the following:
(1) The payee has the right to cancel the transfer agreement, without penalty or further obligation, until the transfer is approved by the court.
(2) The payee is required to seek and receive independent professional advice regarding a transfer of structured settlement payment rights.
(3) The payee has the right to seek out and consider additional offers for transferring the structured settlement payments and should do so.
Acts 2019, No. 260, §1, eff. July 1, 2020.