The application shall be heard on the return date of the order to show cause. If the payee-transferor fails to appear, in person or by counsel or guardian ad litem, the complaint shall be dismissed. The court shall approve the transfer or assignment only if it expressly finds that (a) the payee-transferor either received independent professional advice regarding the transfer or assignment from a person neither affiliated with nor recommended by the assignee or transferee or that the payee-transferor has knowingly waived in writing the right to such advice; (b) the proposed transfer does not contravene any applicable statute or court order; (c) the transfer is in the best interests of the payee-transferor, taking into account the welfare and support of the payee-transferor’s dependents; and (d) the transferee has complied or ensured compliance with all applicable provisions of N.J.S.A. 2A:16-69. The court shall also consider whether there have been any previous transfers and, if so, the terms thereof. The judgment approving the transfer or assignment shall incorporate the terms and conditions of N.J.S.A. 2A:16-67, which incorporation may be by reference. If the payee-transferor is a minor or an incapacitated person, the judgment also shall require that all proceeds of the assignment or transfer be deposited with the Surrogate pursuant to Rule 4:48A unless the court permits an alternative disposition that will adequately safeguard the interests of the payee-transferor.
Rule 4:44A-2.Hearing
Last amended September 1, 2008 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:44A-2 requires the court to dismiss a structured-settlement-transfer complaint if the payee-transferor does not appear, and otherwise to approve the transfer only on express findings that the payee-transferor had independent advice or waived it, the transfer serves that person's best interests, and the transferee complied with the statute.
Full Text of Rule 4:44A-2
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.
Plain-English Summary
The payee-transferor's appearance is not optional: if that person fails to show up, in person, by counsel, or by guardian ad litem, the court dismisses the complaint outright. Where the payee-transferor does appear, approval requires four express findings — independent professional advice was given or knowingly waived in writing, the transfer does not violate any statute or court order, the transfer serves the payee-transferor's best interests including any dependents, and the transferee has complied with the statutory requirements for these transfers.
The judgment approving a transfer has to incorporate the statute's own terms and conditions, and when the payee-transferor is a minor or incapacitated, the proceeds must be deposited with the Surrogate under Rule 4:48A unless the court approves a different arrangement that adequately protects that person's interests.
Frequently Asked Questions
What happens if the payee-transferor does not appear at the hearing?
The court dismisses the complaint.
What must the court find before approving a structured settlement transfer?
That the payee-transferor received independent professional advice or knowingly waived it in writing, the transfer does not contravene any statute or court order, the transfer is in the payee-transferor's best interests, and the transferee complied with the statutory requirements.
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-2). 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 transfer approvalpayee-transferor hearing