Part 4 · Proceedings to Approve Transfer Rights of Structured Settlement Payment Rights
Rule 4:44A-1. Venue; Complaint; Service
An action seeking approval of a transfer or assignment of structured settlement payment rights shall be brought by the proposed transferee in the county of the payee-transferor's residence by order to show cause and verified complaint. Annexed to the verified complaint shall be (a) a copy of the proposed transfer or assignment agreement; (b) a copy of the disclosure statement required by N.J.S.A. 2A:16-65; (c) a certification by the payee-transferor that lists the names and ages of any dependents and explains the impact of the proposed transfer on the payee-transferor and any dependents; (d) a copy of all agreements in any way related to the proposed transfer and a certification that there are no undisclosed conditions or agreements; and (e) either a copy of all prior orders granting or denying approval of a transfer or assignment of structured settlement payment rights or a certification that there have been no such prior orders. The order to show cause and complaint shall be served in accordance with R. 4:67-3 on the payee-transferor, all persons entitled to support by the payee-transferor, and the issuer of the annuity. The order to show cause shall be returnable not less than 20 days following the date of service and shall advise that interested parties, other than the payee-transferor, may, in lieu of appearing on the return date, file an affidavit or certification in response to the order to show cause at least five days before the return date. If the payee-transferor is a minor or an incapacitated person, the court shall appoint a guardian ad litem to represent such payee-transferor whether or not a guardian or conservator has been judicially appointed.