1. An application under NRS 42.200 to 42.400, inclusive, for approval of a transfer of structured settlement payment rights must be made by the transferee. The application must be brought in the district court of the county in which the payee is domiciled, except that if the payee is not domiciled in this State, the application must be brought in the court in this State that approved the structured settlement agreement.
2. A timely hearing must be held on an application for approval of a transfer of structured settlement payment rights. The payee must appear in person at the hearing, unless the court determines that good cause exists to excuse the payee from appearing in person.
3. Not less than 20 days before the scheduled hearing on any application for approval of a transfer of structured settlement payment rights pursuant to NRS 42.200 to 42.400, inclusive, the transferee shall file with the court and serve on all interested parties a notice of the proposed transfer and the application for authorization. The notice and application must include all of the following:
(a) A copy of the transferee’s application.
(b) A copy of the transfer agreement.
(c) A copy of the disclosure statement required by NRS 42.380.
(d) The payee’s name, age and county of domicile, and the age of each of the payee’s dependents, if any.
(e) A summary of:
(1) All prior transfers by the payee to the transferee or an affiliate of the transferee, or through the transferee or an affiliate of the transferee to an assignee, within the 4 years immediately preceding the date of the transfer agreement;
(2) All proposed transfers by the payee to the transferee or an affiliate of the transferee, or through the transferee or an affiliate of the transferee, the applications for approval of which were denied within the 2 years immediately preceding the date of the transfer agreement;
(3) All prior transfers by the payee to any person or entity other than the transferee or an affiliate of the transferee or an assignee of the transferee or an affiliate of the transferee within the 3 years immediately preceding the date of the transfer agreement, to the extent that the transfers or proposed transfers have been disclosed to the transferee by the payee in writing or otherwise are actually known to the transferee; and
(4) All prior proposed transfers by the payee to any person or entity other than the transferee or an affiliate of the transferee or an assignee of the transferee or affiliate of the transferee, the applications for approval of which were denied within the 1 year immediately preceding the date of the current transfer agreement, to the extent that the transfers or proposed transfers have been disclosed to the transferee by the payee in writing or otherwise are actually known to the transferee.
(f) Notification that any interested party is entitled to support, oppose or otherwise respond to the transferee’s application, either in person or by counsel, by submitting written comments to the court or by participating in the hearing.
(g) Notification of the time and place of the hearing and notification of the manner in which and the date by which written responses to the application must be filed to be considered by the court, which date must not be less than 5 days before the hearing.
(h) Evidence of the transferee’s registration to do business in this State as a structured settlement purchase company.
(Added to NRS by 2021, 1728)
Structure Nevada Revised Statutes
NRS 42.001 - Definitions; exceptions.
NRS 42.030 - Court approval of agreement to transfer structured settlement required.
NRS 42.210 - "Annuity issuer" defined.
NRS 42.215 - "Assignee" defined.
NRS 42.220 - "Dependents" defined.
NRS 42.225 - "Discounted present value" defined.
NRS 42.230 - "Gross advance amount" defined.
NRS 42.235 - "Independent professional advice" defined.
NRS 42.240 - "Interested party" defined.
NRS 42.245 - "Net advance amount" defined.
NRS 42.255 - "Periodic payments" defined.
NRS 42.260 - "Qualified assignment agreement" defined.
NRS 42.265 - "Renewal date" defined.
NRS 42.270 - "Settled claim" defined.
NRS 42.275 - "Structured settlement" defined.
NRS 42.280 - "Structured settlement agreement" defined.
NRS 42.285 - "Structured settlement obligor" defined.
NRS 42.290 - "Structured settlement payment rights" defined.
NRS 42.295 - "Structured settlement purchase company" defined.
NRS 42.300 - "Structured settlement transfer proceeding" defined.
NRS 42.305 - "Terms of the structured settlement" defined.
NRS 42.310 - "Transfer" defined.
NRS 42.315 - "Transfer agreement" defined.
NRS 42.320 - "Transfer expense" defined.
NRS 42.325 - "Transfer order" defined.
NRS 42.330 - "Transferee" defined.
NRS 42.355 - Notice of judgment against structured settlement purchase company; contents of notice.
NRS 42.365 - Certain persons exempt from registration.
NRS 42.370 - Prohibited acts; remedies for violation.
NRS 42.380 - Required disclosures to payee.
NRS 42.385 - Approval of transfers of structured settlement payment rights.
NRS 42.390 - Effects of transfer of structured settlement payment rights.
NRS 42.395 - Procedure for approval of transfer of structured settlement payment rights.