Court Approval for Structured Settlement Transfers

SC

Sarah Chen

CFP®

Updated May 2, 202620 min read

Key Takeaway

Every structured settlement sale requires court approval. Judges evaluate whether the sale is in your best interest, the discount rate is reasonable, and you have a clear plan for the funds.

Why Court Approval Is Required

Every state has enacted a version of the Structured Settlement Protection Act, which mandates judicial review. The judge must find that the transfer is in your best interest and does not violate applicable law.

This protects sellers from predatory buyers and impulsive decisions that could harm their financial wellbeing.

What Judges Evaluate

Judges typically consider: your stated reason for selling, whether you have other financial resources, whether dependents rely on the payments, the discount rate applied, whether you received independent professional advice, and whether the buyer has a history of fair dealing.

Judges are more likely to approve sales for productive purposes like debt elimination, home purchase, or education.

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