Ky. Cir. Ct. Clerks' Manual APPLICATION FOR TRANSFER OF STRUCTURED SETTLEMENT

6 APPLICATION FOR TRANSFER OF STRUCTURED

SETTLEMENT

KRS 454.430-450

Circuit Court Process Map

 A party receiving periodic payments of damages for personal injuries established by

settlement or judgment in resolution of a tort claim must seek court approval to transfer the

structured settlement payment rights.

 An application for approval of the transfer of structured settlement payment rights may be

filed in the county where the applicant resides or in the county where the original action

was or could have been filed.

6.1 Application

1. Upon receipt of an application for transfer of structured settlement, collect filing fees as

set forth in the Accounting Manual, and give a receipt. Do not apply the

FILED stamp or process the application until the filing fees are paid. Quick Reference

Collect filing fees

EXCEPTIONS: The following are exempted from the filing fees: File, date, initial

• In Forma Pauperis Granted. See Section 57 Motion for Leave to

Proceed In Forma Pauperis.

• Petitioner is the Commonwealth KRS 453.010.

2. With an application for approval of the transfer of structured settlement

the payee or transferee shall file with the court and serve on all protected

parties a notice of the proposed transfer and the application for its

approval. The Notice shall include:

• A copy of the transferee’s application to the court;

• A copy of the disclosure statement required under KRS 454.431(2).

• 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

application must be filed, which shall not be less than ten (10) days

after service of the transferee’s notice in order to be considered by the

court.

3. Assign to a division using the procedure in your local court rules.

4. Open a case. For more information, see Case Add in the KyCourts Manual.

Use case type OTH. Generate the next case number in the computer for Case type OTH

circuit civil CI cases or use the next pre-numbered file folder. Circuit Civil CI case

5. If the petitioner is seeking to proceed in forma pauperis, the application

must be accompanied by a Motion for Leave to Proceed In Forma Pauperis

and a supporting affidavit, or AOC Form 026. See Section 57 Motion for

APPLICATION FOR TRANSFER OF STRUCTURED SETTLEMENT

Leave to Proceed In Forma Pauperis for instructions on how to process a Motion for

Leave to Proceed In Forma Pauperis and the tendered application. DO NOT

proceed with the following steps unless filing fees have been paid, In Quick Reference

Forma Pauperis has been granted, or the petitioner is the Commonwealth.

6. Apply the FILED stamp to the application; add the date and your initials. File, date, initial

7. Add the application as a document using document code SET and memo Document type SET

application for transfer of structured settlement. Do not issue a

8. Have the judge assign a hearing date as requested by the applicant, (or do summons

this yourself if the judge has delegated this duty to you). Do not issue a Calendar Hearing

summons.

NOTE: If you set the hearing, schedule the event no less than twenty (20)

days from the date of the notice.

9. Calendar the hearing by completing a scheduled event screen.

6.2 Order

1. Upon receipt of an order for a transfer of a structured settlement, apply Enter, date, initial

the ENTERED stamp; add the date and your initials.

2. Enter the order on the document screen using document type OAS and Document type

memo the details. OAS

3. Serve notice of entry on all parties. Note the manner and date of service

on the document screen. For more information, see Notice of Entry.

NOE

4. When the order closes the case, complete the disposition date, disposition

type, and the judge at disposition fields on the case screen.