An action seeking approval of a transfer or assignment of structured settlement payment rights shall be brought by the proposed transferee in the county of the payee-transferor’s residence by order to show cause and verified complaint. Annexed to the verified complaint shall be (a) a copy of the proposed transfer or assignment agreement; (b) a copy of the disclosure statement required by N.J.S.A. 2A:16-65; (c) a certification by the payee-transferor that lists the names and ages of any dependents and explains the impact of the proposed transfer on the payee-transferor and any dependents; (d) a copy of all agreements in any way related to the proposed transfer and a certification that there are no undisclosed conditions or agreements; and (e) either a copy of all prior orders granting or denying approval of a transfer or assignment of structured settlement payment rights or a certification that there have been no such prior orders. The order to show cause and complaint shall be served in accordance with R. 4:67-3 on the payee-transferor, all persons entitled to support by the payee-transferor, and the issuer of the annuity. The order to show cause shall be returnable not less than 20 days following the date of service and shall advise that interested parties, other than the payee-transferor, may, in lieu of appearing on the return date, file an affidavit or certification in response to the order to show cause at least five days before the return date. If the payee-transferor is a minor or an incapacitated person, the court shall appoint a guardian ad litem to represent such payee-transferor whether or not a guardian or conservator has been judicially appointed.
Rule 4:44A-1.Venue; Complaint; Service
Last amended September 4, 2012 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:44A-1 requires an action to approve the transfer of structured settlement payment rights to be brought by the proposed transferee, by order to show cause and verified complaint, in the payee-transferor's home county, with specific disclosures annexed and service on the payee-transferor and the annuity issuer.
Full Text of Rule 4:44A-1
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Adopted July 28, 2004 to be effective September 1, 2004; amended July 9, 2008 to be effective September 1, 2008; amended July 19, 2012 to be effective September 4, 2012.
Plain-English Summary
Buying out someone's structured settlement payments takes court approval, and the transferee is the one who has to bring that action — in the payee-transferor's county of residence, by order to show cause and a verified complaint. The complaint has to attach the proposed transfer agreement, the statutory disclosure statement, a certification about dependents and the transfer's impact on them, copies of every related agreement, and either copies of any prior transfer orders or a certification that none exist.
The order to show cause and complaint go to the payee-transferor, everyone entitled to support from that person, and the annuity issuer, returnable no sooner than 20 days after service; anyone but the payee-transferor may respond by affidavit instead of appearing. And if the payee-transferor is a minor or incapacitated, the court appoints a guardian ad litem regardless of whether a guardian or conservator already exists.
Frequently Asked Questions
Who brings the action to approve a structured settlement transfer?
The proposed transferee, by order to show cause and verified complaint, in the county where the payee-transferor resides.
What must be attached to the complaint?
The proposed transfer agreement, the statutory disclosure statement, a certification about the payee-transferor's dependents, copies of related agreements, and either prior transfer orders or a certification that none exist.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:44A-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: structured settlement transferassignment of settlement payments