by Structured Settlement Watchdog
Clearwater Florida Annuitant Sold Structured Settlement Payments While "On Drugs" 12-13 Years Ago , Used Some Money for Rehab, Now Wants to Know If Can Sue, in 2024 in a Case of Seller's Remorse. Can He Sue?
The Clearwater Florida annuitant stated "I sold my structured settlement to JG Wentworth in 2012 or 2013. I was on drugs and notin my right mind. I was in a car accident and had set up a structured settlement.
Always get Independent Professional Advice
Having major spinal surgery I got addicted to drugs and sold my structured settlement. I was not in my right mind. Following I used some of the money to go to rehab and have been off meds for 10 years. Can I sue them bc I was not of right mind?" Source: Avvo (retrieved October 25th 2024 Source: I sold my structured settlement to JG wentworth in 2012 or 2013 I was not in my right mind. Do I have a case ? - Legal Answers May 2024
Jacksonville Florida Attorney Responds
Barry Kaufman, an attorney from Jacksonville, Florida comments (on Avvo) "I think you are a little late to the party. Moreover, you don't state any facts that give rise to a wrongdoing on JGW's part. You've been receiving payments for 10 years".
What is the Statute of Limitations in Florida?
The Florida Statute of Limitations for civil actions sets a time limit after an injury or civil wrong occurs, during which an injured party can file a lawsuit. After that period of time expires, the injured party is no longer permitted to file a claim in a Florida state court to litigate that matter. Source : The Law.com. Also see Florida Civil Statutes of Limitations | Lawyers.com
Commentary
I agree with Barry Kaufman that the Clearwater man had not stated anything that gave rise to a wrongdoing on the part of JG Wentworth. The Clearwater man said he had to set up a structured settlement and implies that it arose out of the settlement of his lysical. injury claims from a car accident. It is unclear whether the drugs the Clearwater man got addicted to were the result of the car accident or the result of a major spinal surgery he underwent.
Did the Seller Seek and Receive Independent Professional Advice BEFORE Selling?
Seller's remorse is not uncommon. I've fielded many phone calls over the years with the very same reasoning provided by the caller (that they were under the influence). Here's something to remember.
Drugs "Eff you up" Physically, Selling Your Structured Settlement "Effs You Up" Fiscally
While it should be noted that the Clearwater man's sale of his structured settlement payment rights occurred before Florida structured settlement protection act reforms in 2016, there was still a Florida structured settlement protection act, that required a judge to find that the transaction is in your best interest and that of applicable dependents. Prior to 2016, forum shopping was rampant, with Judge Michelle Morley's courtroom in Sumter County among the favored venues to get deals done. Horrible horrible deals were being done in Florida such as James McMillan, Cedric Martez Thomas, Shaqira Wilder and others. What is most shocking from that time period is how little one could rely on Florida judges to do their job in reference to structured settlement factoring.
If indeed the Clearwater Florida man was addicted to drugs in 2012, why did nobody pick up on that? Perhaps because there was no mandate to make a court appearance until after the 2016 reforms took place? It was not uncommon for secondary market companies to file petitions in juridictions without regard to the residence of the seller before the 2016 reforms,
Always Seek Independent Professional Advice Before Selling Structured Settlement Payments
Independent Professional Advice (IPA) for Structured Settlement Sellers
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