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Structured annuity
Several years ago I sold part of my annuity to JG Wentworth. That year they took out a judgment against me for the full amount of the annuity even though it was not due to pay out for 5 years and I had only sold part of it. In trying to pursue legal action for the judgment we were told that the selling of the annuity was not legal since we did not go before a judge and have a court order. The annuity started to pay out. The agreement (which appears to have been illegal from day one) was 40,000 of 100000.00. I got 2500.00 per year for 4 years, 90,000.00 final payout. When the first payout came, JG Wentworth, pretended to be my husband and have the check diverted to a different state (they were not entitled to this payment in any way, nor was my husband part of the agreement). Judgment continued to be on my credit report plunging my scores. I never was served papers for this judgment so I still have no idea how they got this. I sought legal advice again, and was told that since there was no court order for the judgment, nor a court order for the selling of the annuity (required to go before a judge and show just cause for selling of annuity), that it was illegal and a very "sticky" situation.
JG Wentworth was told all of this and asked to remove judgment since I had not even received the annuity yet, how could there be a judgment? Judgment remained.
Fast forward to now. I just received my final payout. JG Wentworth stopped all communications 6 years ago after confronted with illegal documents, no court order for selling of annuity, lack of legal documentation, and the "judgment" against me on my credit. Now they are back in the picture. They are laying claim to the full 90,000 of my final payout. They have asked the issuing insurance company to stop payment on my check immediately. The check was deposited into my account on December 23rd and cleared all funds.
What are my legal rights? Can they force the insurance company to stop payment on the check? Shouldn't they have to go to court with me so we can have a judge look at all of the papers and see what is or isn't legal?
Any help is greatly appreciated. I am finding that it is difficult to find attorneys that specialize in this area.
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Re: Structured annuity
You sold part of your annuity to them, the deal wasn't permitted so they got a judgment against you, and now they want to be repaid for the money you owe pursuant to the contract and unappealed, final judgment from several years ago? I'm not sure that there's much you can do. I strongly suggest that you keep looking for a lawyer; it should be something a civil litigator with experience with contract matters can help you with.
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Re: Structured annuity
They got the judgment just 6 months after the partial sale of the annuity. The annuity did not pay out until 4 years later, but they put a judgment against me at that moment. With the first payout of the annuity they were to receive nothing. The deal (which we are now told was completely illegal) was for 40,000 out of the 90,000 lump sum payable in the 5th year or the 9th year after the sale). We have paid them 10,000 already of the 32,000 they gave us, and have the remaining amount that is due them in a special interest earning account until we know what to do. They placed judgment against us immediately. I am wondering if that was legal? Also do you know if they can actually stop the payment on the check or not? If they do stop the payment will I be in legal trouble or is it a civil issue to be settled in court?
Thanks for answering my questions. I am still looking for an attorney in this area.