A party who files an Application for Approval of Transfer of Structured Settlement Rights under A.R.S. § 12-2901, et seq., must include the following:
Rule 70.1.Application to transfer structured settlement payment rights.
Last verified July 1, 2026
In one sentenceRule 70.1 lists the detailed information a payee and transferee must each declare under oath before a court will approve the transfer of structured settlement payment rights.
Full Text of Rule 70.1
a Payee’s declaration. A payee, as defined by A.R.S. § 12-2901(8), must submit a Declaration in Support of Application that is signed under oath and contains the following information:
1 The payee’s name, address, and age.
2 The payee’s marital status, and, if married or separated, the name of the payee’s spouse.
3 The names, ages, and place(s) of residence of the payee’s minor children and other dependents, if any.
4 The payee’s monthly income and sources of income, and, if presently married, the monthly income and sources of income of the payee’s spouse.
5 Whether the payee is subject to any child support or spousal maintenance orders, and, if so, for each such order:
A the amount of the obligation;
B to whom it is payable;
C whether there are arrearages, and, if so, the amount;
D the jurisdiction and name of the court that entered the order;
E the case number of the action in which the order was entered;
F the parties to such action; and
G the date when the order was entered.
6 Whether the payee is subject to any orders in any civil, probate, or criminal action that requires the payee to pay money to any person, and, if so, for each such order:
A the amount of the obligation;
B to whom it is payable;
C whether there are arrearages, and, if so, the amount;
D the jurisdiction and name of the court that entered the order;
E the case number of the action in which the order was entered;
F the parties to such action; and
G the date when the order was entered.
7 Whether there has been any previous application to any court or responsible administrative authority to approve a transfer of payment rights under the structured settlement that is the subject of the application, and, if so, for each such application:
A the jurisdiction and name of the court or responsible administrative authority that considered the application;
B the case number of the action in which the application was submitted;
C the parties to such action;
D the date when the application was filed;
E whether the application was approved or disapproved;
F the date of the order approving or disapproving the transfer, and, if approved:
i the transferee’s name;
ii the payment amount(s);
iii the due dates of the payments involved in the transfer;
iv the amount of money the payee received from the transferee for the transfer, if any; and
v the manner in which the money was used.
8 Whether the payee has ever transferred payment rights under the structured settlement without court approval or the approval of a responsible administrative authority, and, if so, for each such transfer:
A the transferee’s name;
B the payment amount(s);
C the due dates of the payments involved in the transfer;
D the amount of money the payee received from the transferee for the transfer, if any; and
E the manner in which the money was used.
9 The payee’s reasons for the proposed transfer of payment rights and the payee’s plans for using the proceeds from the transfer.
10 Whether the payee intends to use the proceeds from the proposed transfer to pay debts, and, if so:
A the amount of each such debt;
B the name and address of the creditor to whom it is owed; and
C if applicable, the rate at which interest is accruing on such debt.
b Transferee’s declaration. A transferee, as defined by A.R.S. § 12-2901(21), must submit a Transferee’s Declaration in Support of Application that is signed under oath and states the following:
1 After making reasonable inquiry, the transferee is not aware of any prior transfers of structured settlement rights by the payee other than those disclosed in Payee’s Declaration in Support of Application;
2 The transferee has complied with its obligations under A.R.S. § 12-2901, et seq.; and
3 To the best of the transferee’s knowledge after making reasonable inquiry, the proposed transfer would not contravene any applicable law, statute, or order of any court or other government authority.
Amendment History
Promulgated by R-16-0010, effective January 1, 2017.
Plain-English Summary
Selling the right to future structured settlement payments requires court approval, and this rule spells out what goes into the payee's sworn declaration supporting that request: personal and family information, income and dependents, any child support or spousal maintenance obligations, any other court orders requiring the payee to pay money, and a full history of past transfer applications and unapproved transfers of the same settlement rights. The payee must also explain why the transfer is wanted and how the proceeds will be used, including a breakdown of any debts the money would pay off.
The proposed transferee files its own declaration too, certifying that it isn't aware of any undisclosed prior transfers by the payee, that it has complied with the statutory requirements governing these transfers, and that the proposed transfer wouldn't violate any law or court order as far as it knows after reasonable inquiry. Together, the two declarations give the court the information it needs to protect a payee who might otherwise be pressured into an improvident sale of future income.
Frequently Asked Questions
What must a payee disclose in a declaration supporting a structured settlement transfer?
Personal and family details, income, any support obligations or other court orders requiring payments, a history of prior transfer applications and unapproved transfers, and the payee's reasons and plans for using the transfer proceeds.
Does the company buying the payment rights have to submit anything?
Yes. The transferee must file its own sworn declaration confirming it knows of no undisclosed prior transfers, that it has met its statutory obligations, and that the transfer wouldn't violate any known law or order.
Why does this rule require so much disclosure?
Because structured settlement transfers involve giving up future income for a lump sum now, courts require a fuller picture of the payee's circumstances before approving the transfer.
Source & verification. The rule text and History are reproduced verbatim from the
official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 70.1). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: structured settlement transfer rule