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2017 Mississippi Code
Title 11 - Civil Practice and Procedure
Chapter 57 - Structured Settlements
§ 11-57-9. Consequences of transfer
Universal Citation: MS Code § 11-57-9 (2017)
- Following a transfer of structured settlement payment rights under this chapter:
- (a) The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments;
- (b) The transferee shall be liable to the structured settlement obligor and the annuity issuer:
- (i) If the transfer contravenes the terms of the structured settlement, for any taxes incurred by such parties as a consequence of the transfer; and
- (ii) For any other liabilities or costs, including reasonable costs and attorney's fees, arising from compliance by such parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee's failure to comply with this chapter;
- (c) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two (2) or more transferees or assignees; and
- (d) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this chapter.
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