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Wisconsin Statutes Miscellaneous Actions, Proceedings and Procedure (Ch. 895 to 900) § 895.69. Procedure

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) A petition for approval of a transfer of structured settlement payment rights shall be brought by the transferee in the county in which the payee is domiciled at the time the transfer agreement is signed by the payee or, if the payee is not domiciled in this state, then in the county in this state in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or in any court that approved the structured settlement agreement.

(2) A hearing must be held on a petition for approval of a transfer agreement. The payee must attend the hearing in person unless the court determines that appearance via audiovisual technology is appropriate or that good cause exists for the payee not to appear.

(3) Not less than 20 days prior to the hearing required under sub. (2), the transferee shall file with the court and serve on all interested parties a notice of the proposed transfer and the petition for its authorization, including with the notice all of the following:

(a) A copy of the transferee's petition.

(b) A copy of the transfer agreement.

(c) A copy of the disclosure statement required under s. 895.66.

(d) A listing of each of the payee's dependents, together with each dependent's age.

(e) Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee's petition, either in person or by counsel, by submitting written comments to the court or by participating in the hearing.

(f) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the petition must be filed in order to be considered by the court. Written responses may not be due less than 15 days after service of the notice.

(g) An affidavit from the payee stating whether the payee is delinquent in the payment of taxes in this state or in any payments required to be made pursuant to a restitution order in a criminal or juvenile delinquency proceeding, or pursuant to a child support order.

(4) Notwithstanding the general service of process requirements under s. 801.11, service by overnight mail with proof of delivery or its equivalent constitutes adequate service of process for purposes of the notice requirement under sub. (3).

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Cite this article: FindLaw.com - Wisconsin Statutes Miscellaneous Actions, Proceedings and Procedure (Ch. 895 to 900) § 895.69. Procedure - last updated January 01, 2025 | https://codes.findlaw.com/wi/miscellaneous-actions-proceedings-and-procedure-ch-895-to-900/wi-st-895-69/

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