Kentucky Statutes 454.435 – Jurisdiction of the Circuit Court — Notice and hearing requirements — Nonwaiverability of KRS 454.430 to 454.435
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(1) The Circuit Court in the county in which the original action was or could have been filed, or the county where the applicant resides, shall have jurisdiction over any application for approval of a transfer of structured settlement payment rights under KRS § 454.431.
(2) Not less than twenty (20) days prior to the scheduled hearing on any application for court approval of a transfer of structured settlement payment rights under KRS
454.431, 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, including in the notice:
(a) A copy of the transferee’s application to the court;
(b) A copy of the disclosure statement required under KRS § 454.431(2); and
(c) 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 be not less than ten (10) days after service of the transferee’s notice, in order to be considered by the court.
(3) The provisions of KRS § 454.430 to KRS § 454.435 may not be waived.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 409, sec. 3, effective July 15, 1998.
(2) Not less than twenty (20) days prior to the scheduled hearing on any application for court approval of a transfer of structured settlement payment rights under KRS
Terms Used In Kentucky Statutes 454.435
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
454.431, 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, including in the notice:
(a) A copy of the transferee’s application to the court;
(b) A copy of the disclosure statement required under KRS § 454.431(2); and
(c) 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 be not less than ten (10) days after service of the transferee’s notice, in order to be considered by the court.
(3) The provisions of KRS § 454.430 to KRS § 454.435 may not be waived.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 409, sec. 3, effective July 15, 1998.