(1) The obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from all liability for the transferred payments.
(2) The transferee shall be liable to the obligor and the annuity issuer:
(a) If the transfer contravenes the terms of the structured settlement agreement, for any taxes incurred by the parties as a consequence of the transfer; and
(b) For any other liabilities or costs, including reasonable costs and attorney fees, arising from compliance by the parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee’s failure to comply with ORS 33.850 to 33.875.
(3) An annuity issuer or an obligor may not be required to divide any periodic payments between the payee and any transferee or assignee or between two or more transferees or assignees.
(4) Any further transfer of payment rights by the payee may be made only after compliance with all of the requirements of ORS 33.850 to 33.875. [2005 c.173 §5]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 033 - Special Proceedings and Procedures
Section 33.015 - Definitions for ORS 33.015 to 33.155.
Section 33.025 - Nature of contempt power; entity defendants.
Section 33.035 - Appointed counsel.
Section 33.045 - Types of sanctions.
Section 33.055 - Procedure for imposition of remedial sanctions.
Section 33.065 - Procedure for imposition of punitive sanctions.
Section 33.075 - Compelling attendance of defendant.
Section 33.085 - Compelling testimony of witness.
Section 33.105 - Sanctions authorized.
Section 33.135 - Limitations of actions.
Section 33.430 - Change of name on record of live birth; court conference with child.
Section 33.460 - Jurisdiction; grounds; procedure.
Section 33.850 - Definitions for ORS 33.850 to 33.875.
Section 33.855 - Transfer of payment rights; petition; notice.
Section 33.857 - Contents of petition.
Section 33.860 - Disclosure statement.
Section 33.862 - Information that may be requested at hearing.
Section 33.865 - Required findings by court or responsible administrative authority.