Georgia CommonsTitle 51. TORTS · Chapter 12. DAMAGES · Article 4. GEORGIA STRUCTURED SETTLEMENT PROTECTION
51-12-76. Separate disclosure statement provided to payee; requirements.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Not less than ten days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14 point font, setting forth the following:
- (1)
The amounts and due dates of the structured settlement payments to be transferred;#
- (2)
The aggregate amount of such payments;#
- (3)
The discounted present value of the payments to be transferred, which shall be identified as the “calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities,” and the amount of the Applicable Federal Rate used in calculating such discounted present value;#
- (4)
The gross advance amount;#
- (5)
An itemized listing of all applicable transfer expenses, other than attorney fees and related disbursements, payable in connection with the transferee’s application for approval of the transfer, and the transferee’s best estimate of the amount of any such fees and disbursements;#
- (6)
The effective annual interest rate, which must be disclosed in a statement in the following form: “On the basis of the net amount that you will receive from us and the amounts and timing of the structured settlement payments that you are transferring to us, you will, in effect, be paying interest to us at a rate of percent per year.”;#
- (7)
The net advance amount;#
- (8)
The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee;#
- (9)
That the payee has the right to cancel the transfer agreement, without penalty or further obligation, until the transfer is approved by the court;#
- (10)
That the payee has the right to seek and receive independent professional advice regarding the proposed transfer and should consider doing so before agreeing to transfer any structured settlement payment rights; and#
- (11)
That the payee has the right to seek out and consider additional offers for transferring the structured settlement payments and should do so.#
History
Code 1981, § 51-12-76, enacted by Ga. L. 2021, p. 663, § 1/HB 443; Ga. L. 2022, p. 352, § 51/HB 1428.
Amendments
The 2022 amendment, effective May 2, 2022, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (6).
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t51-(v39)-pdf.pdf, Volume V39, 2017 edition, 2025 supplement, pages 111 to 112; merge action: replaced; file SHA-256 9104a04c683d.
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