Okla. Stat. tit. 12, § 12-3244

This is the official text of Okla. Stat. tit. 12, § 12-3244, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.

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Waiver of provisions – Disputes - Life-contingent

Official statutory text

payments - Liability.

A. The provisions of the Structured Settlement Protection Act

of 2001 may not be waived by any payee.

B. Any transfer agreement entered into on or after the

effective date of this act by a payee who resides in this state

shall provide that disputes under such transfer agreement, including

any claim that the payee has breached the agreement, shall be

determined in and under the laws of this state. No such transfer

agreement shall authorize the transferee or any other party to

confess judgment or consent to entry of judgment against the payee.

C. No transfer of structured settlement payment rights shall

extend to any payments that are life-contingent unless, prior to the

date on which the payee signs the transfer agreement, the transferee

has established and has agreed to maintain procedures reasonably

satisfactory to the annuity issuer and the structured settlement

obligor for

Oklahoma Statutes - Title 12. Civil Procedure Page 542

1. Periodically confirming the payee’s survival; and

2. Giving the annuity issuer and the structured settlement

obligor prompt written notice in the event of the payee’s death.

D. No payee who proposes to make a transfer of structured

settlement payment rights shall incur any penalty, forfeit any

application fee or other payment, or otherwise incur any liability

to the proposed transferee or any assignee based on any failure of

such transfer to satisfy the conditions of this act.

E. Nothing contained in this act shall be construed to

authorize any transfer of structured settlement payment rights in

contravention of any law or to imply that any transfer under a

transfer agreement entered into prior to the effective date of this

act is valid or invalid.

F. Compliance with the requirements set forth in Section 3 of

this act and fulfillment of the conditions set forth in Section 4 of

this act shall be solely the responsibility of the transferee in any

transfer of structured settlement payment rights, and neither the

structured settlement obligor nor the annuity issuer shall bear any

responsibility for, or any liability arising from, noncompliance

with such requirements or failure to fulfill such conditions.

Status: in_force · Read it on the official government site

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