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The last parts of Section 10139.5 deal with the costs involved in the transfer, and who has to pay those costs. Section (d) to (f) read:
(d) All court costs and filing fees shall be paid by the transferee.
(e) No later than the time of filing the petition for court approval, the transferee shall advise the payee of the payee's right to seek independent counsel and financial advice in connection with the transferee's petition for court approval of the transfer agreement, and shall further advise the payee that if the payee retains counsel, a licensed certified public accountant, or a licensed actuary in connection with a petition for an order approving the transfer agreement, that the transferee shall pay the fees of the payee's counsel, accountant, or actuary, regardless of whether the transfer agreement is approved, and regardless of whether the attorney, accountant, or actuary files any document or appears at the hearing on the application for transfer, in an aggregate amount not to exceed one thousand five hundred dollars ($1,500). The transferee's accountant, counsel, or actuary may not advise the payee.
(f) The court shall retain continuing jurisdiction to interpret and monitor the implementation of the transfer agreement as justice requires.
What this means is that the company buying your structured settlement has to pay all of the court fees involved in the transfer. Section (e) is probably the most important thing to pay attention to, as it states that the company buying your structured settlement must pay (your accountant, attorney, etc.) for your independent professional advice regarding the transfer. It doesn't matter what the conclusion of the professional is; in other words, it doesn't matter if the independent professional advice is "it's fair", or "it's unfair" -- the company trying to buy your structured settlement is the one to pay the independent attorney - not you (the seller). However, this amount can not exceed $1,500.
If you are about to make a financially life-changing decision, it is wise to get the opinion of a detached, independent, and professional opinion.
above is an excerpt from
web site independentprofessionaladvice.com/
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