Section 5-1101 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Discounted present value” means the fair present value of future payments, as determined by discounting payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service. (c) “Gift” […]
Section 5-1204 – Construction Not to Alter Licensing Requirements Applicable to Debt Buyers or Collectors
This subtitle may not be construed to alter any licensing requirement under federal or Maryland law applicable to debt buyers or collectors.
Section 5-1101.1 – Findings and Declaration of General Assembly
The General Assembly finds and declares that it is necessary to regulate transfers of structured settlement payment rights to: (1) Ensure that the transfers are effectuated on fair and reasonable terms and are in the best interests of payees; and (2) Protect payees against deceptive practices.
Section 5-1102 – Transfer of Certain Structured Settlement Payment Rights
(a) A direct or indirect transfer of structured settlement payment rights to a transferee is effective as provided in this subtitle. (b) A structured settlement obligor or annuity issuer may not make any payment directly or indirectly to a transferee of structured settlement payment rights unless the transfer is authorized in an order of a court based […]
Section 5-1103 – Jurisdiction; Notice and Application for Authorization
(a) A petition for a transfer of structured settlement payment rights under § 5–1102 of this subtitle shall be filed: (1) If the payee resides in this State, in the circuit court for the county in which the payee resides; or (2) If the payee does not reside in this State, in the circuit court: (i) That approved the […]
Section 5-1104 – Structured Settlement Established in Resolution of Tort Claim for Compensation for Cognitive Injuries
(a) If, in any proposed transfer of structured settlement payment rights, the structured settlement was established in resolution of a tort claim seeking compensation for cognitive injuries, including any claim arising from childhood exposure to lead paint, the transferee shall: (1) Notify the court, in the petition filed under this subtitle, that the payee may be cognitively […]
Section 5-1105 – Liability for Payment Upon Authorization of Transfer
If a transfer of structure settlement payment rights has been authorized under this subtitle, neither the annuity issuer nor the structured settlement obligor shall have any liability to the payee or to any other party for any payment made to the transferee in accordance with the authorization.
Section 5-1106 – Waiver and Construction
(a) The provisions of this subtitle may not be waived. (b) Nothing contained in this subtitle may be construed to authorize a transfer of structured settlement payment rights in contravention of applicable law or to give effect to a transfer of structured settlement payment rights that is invalid under applicable law.
Section 5-807 – Slapp Suits
(a) In this section, “SLAPP suit” means a strategic lawsuit against public participation. (b) A lawsuit is a SLAPP suit if it is: (1) Brought in bad faith against a party who has communicated with a federal, State, or local government body or the public at large to report on, comment on, rule on, challenge, oppose, or in […]
Section 5-808 – Civil Immunity for Defense of Dwelling or Place of Business
(a) In this section, “person” does not include a governmental entity. (b) A person is not liable for damages for a personal injury or death of an individual who enters the person’s dwelling or place of business if: (1) The person reasonably believes that force or deadly force is necessary to repel an attack by the individual; and […]