Oregon Code § 33.855·Enacted ·Last updated March 01, 2026
Statute Text
must:
(a) Include the
payees name, age and county of residence.
(b) Describe the
financial terms of the proposed transfer, including the payment rights to be
transferred by the payee and the amount to be received by the payee in return
for the transfer.
(c) Be
accompanied by a copy of the transfer agreement.
(d) Be
accompanied by a copy of the disclosure statement required under ORS 33.860,
and the signature of the payee acknowledging the payees receipt of the
disclosure statement.
(e) Generally
describe the reasons why the payee seeks to transfer the payment rights.
(f) Be
accompanied by a declaration under penalty of perjury by the payee:
(A) Stating
whether the payee depends on structured settlement payments or government
benefits for the payees necessary living expenses or required medical care and
treatment.
(B) Stating
whether the payee personally sustained physical injuries or sickness in
connection with the incident from which the structured settlement arose and
whether the injuries or sickness currently prevents the payee from working or
substantially limits the work that the payee can perform.
(C) Providing a
summary of:
(i) Any prior
transfers of structured settlement payments by the payee to the transferee
within the five years preceding the date of the pending transfer agreement.
(ii) Any prior
transfers of structured settlement payments by the payee to a person other than
the transferee within the five years preceding the date of the pending transfer
agreement.
(iii) Any
attempted prior transfers of structured settlement payments by the payee to the
transferee or to a person other than the transferee within the year preceding
the date of the pending transfer agreement, including any prior attempted
transfers that were denied or that were dismissed or withdrawn prior to a
decision on the merits of the transfer.
(D) If the payee
has minor children, stating whether the payee is currently obligated to pay
child support under any child support order, and whether the payee is current
or in arrears under any child support order.
(2)(a) If the
summaries required under subsection (1)(f) of this section describe any prior
transfers or attempted transfers of structured settlement payments, the
transferee shall, at or before the hearing on the petition:
(A) Provide to
the court or responsible administrative authority a copy of the court orders
approving, denying or otherwise relating to the transfers or attempted
transfers involving the transferee; and
(B) Request from
the payee or the annuity issuer or obligor under the structured settlement
agreement copies of any court orders relating to any transfer or attempted
transfer involving the payee and any other party and, if any orders are
provided to the transferee, provide a copy of the orders to the court or
responsible administrative authority at or before the hearing on the petition.
(b) The inability
of the transferee or payee to provide copies of court orders under this
subsection does not preclude the court or responsible administrative authority
from approving the proposed transfer, if the court or authority determines that
the court orders are not available to the transferee or payee after the
transferee and payee have made reasonable requests to obtain the court orders. [2013
c.736 §4]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 33.855
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
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