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Home » US Law » 2022 West Virginia Code » Chapter 46A. West Virginia Consumer Credit and Protection Act » Article 6H. Transfers of Right to Receive Future Payments

§46A-6H-1. Definitions

For the purposes of this article: (1) "Closing date" means the date the transfer agreement is executed by the consumer and the transferee, and shall be at least fourteen days after the requisite disclosures have been provided to the consumer and interested parties.

§46A-6H-2. Disclosure Requirements Prior to Transfer

(a) In order for any transfer by a consumer to a transferee to be effective, the transferee shall provide the following disclosures in writing, in bold, twelve point type, to the consumer at least fourteen days prior to the earlier of the closing date or the hearing on the transfer when court approval is required […]

§46A-6H-3. Requirement of Court Approval for Certain Structured Settlement Transfers

(a) In addition to the requirements of this article, all transfer agreements must be approved by the circuit court of the county wherein the consumer resides or where the structured settlement agreement was executed when the structured settlement payment rights arise from a personal injury or other claim. (b) The transferee shall commence the action […]

§46A-6H-5. Right of Recision

(a) Any consumer who enters into a transfer agreement shall have an absolute, nonwaiveable right of recision for five business days following the closing date of the transfer. During the five-day recision period, the consumer may rescind the transfer agreement by phone, mail or facsimile, effective upon receipt, without penalty or further obligation to the […]

§46A-6H-6. Remedies; Effective Date; Nonwaiver

(a) This article shall apply to transfer agreements of future payment rights executed after the effective date of this article. Nothing in this article shall be construed to impair, limit, affect or otherwise apply to any transfer agreement executed prior to the effective date of this article. (b) A violation of a provision of this […]

§46A-6H-7. Protection From Liability to Consumer

When an interested party makes payments to the transferee pursuant to a court order of approval or a transfer agreement executed in accordance with the provisions of this article, the interested party and the transferee are not liable to the consumer or other interested party for the transfer of the consumer's future payments.

§46A-6H-8. Registration With the Secretary of State

(a) A transferee or other person in the business of soliciting or purchasing future payments shall file a registration statement with the Secretary of State before advertising or arranging transfers of consumer's future payment rights in this state. The registration statement shall contain: (1) The name and address of the transferee;