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Rule 70.1. Application to Transfer Structured Settlement Payment Rights

Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of ArizonaEffective: September 1, 2019

Arizona Revised Statutes Annotated
Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos)
VIII. Provisional and Final Remedies; Special Proceedings
Effective: September 1, 2019
16 A.R.S. Rules of Civil Procedure, Rule 70.1
Rule 70.1. Application to Transfer Structured Settlement Payment Rights
A party who files an Application for Approval of Transfer of Structured Settlement Rights under A.R.S. § 12-2901 et seq., must include the following:
(a) Payee's Declaration. A payee, as defined by A.R.S. § 12-2901(8), must submit a Declaration in Support of Application that is signed under oath and contains the following information:
(1) The payee's name, address, and age.
(2) The payee's marital status, and, if married or separated, the name of the payee's spouse.
(3) The names, ages, and place(s) of residence of the payee's minor children and other dependents, if any.
(4) The payee's monthly income and sources of income, and, if presently married, the monthly income and sources of income of the payee's spouse.
(5) Whether the payee is subject to any child support or spousal maintenance orders, and, if so, for each such order:
(A) the amount of the obligation;
(B) to whom it is payable;
(C) whether there are arrearages, and, if so, the amount;
(D) the jurisdiction and name of the court that entered the order;
(E) the case number of the action in which the order was entered;
(F) the parties to such action; and
(G) the date when the order was entered.
(6) Whether the payee is subject to any orders in any civil, probate, or criminal action that requires the payee to pay money to any person, and, if so, for each such order:
(A) the amount of the obligation;
(B) to whom it is payable;
(C) whether there are arrearages, and, if so, the amount;
(D) the jurisdiction and name of the court that entered the order;
(E) the case number of the action in which the order was entered;
(F) the parties to such action; and
(G) the date when the order was entered.
(7) Whether there has been any previous application to any court or responsible administrative authority to approve a transfer of payment rights under the structured settlement that is the subject of the application, and, if so, for each such application:
(A) the jurisdiction and name of the court or responsible administrative authority that considered the application;
(B) the case number of the action in which the application was submitted;
(C) the parties to such action;
(D) the date when the application was filed;
(E) whether the application was approved or disapproved;
(F) the date of the order approving or disapproving the transfer, and, if approved:
(i) the transferee's name;
(ii) the payment amount(s);
(iii) the due dates of the payments involved in the transfer;
(iv) the amount of money the payee received from the transferee for the transfer, if any; and
(v) the manner in which the money was used.
(8) Whether the payee has ever transferred payment rights under the structured settlement without court approval or the approval of a responsible administrative authority, and, if so, for each such transfer:
(A) the transferee's name;
(B) the payment amount(s);
(C) the due dates of the payments involved in the transfer;
(D) the amount of money the payee received from the transferee for the transfer, if any; and
(E) the manner in which the money was used.
(9) The payee's reasons for the proposed transfer of payment rights and the payee's plans for using the proceeds from the transfer.
(10) Whether the payee intends to use the proceeds from the proposed transfer to pay debts, and, if so:
(A) the amount of each such debt;
(B) the name and address of the creditor to whom it is owed; and
(C) if applicable, the rate at which interest is accruing on such debt.
(b) Transferee's Declaration. A transferee, as defined by A.R.S. § 12-2901(21), must submit a Transferee's Declaration in Support of Application that is signed under oath and states the following:
(1) After making reasonable inquiry, the transferee is not aware of any prior transfers of structured settlement rights by the payee other than those disclosed in Payee's Declaration in Support of Application;
(2) The transferee has complied with its obligations under A.R.S. § 12-2901, et seq.; and
(3) To the best of the transferee's knowledge after making reasonable inquiry, the proposed transfer would not contravene any applicable law, statute, or order of any court or other government authority.

Credits

Added Sept. 2, 2016, effective Jan. 1, 2017.
16 A. R. S. Rules Civ. Proc., Rule 70.1, AZ ST RCP Rule 70.1
Current with amendments received through 08/15/2020.
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