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Litigation glossary
Legal structure

Structured Settlement Factoring

The sale of some or all of a claimant's future structured-settlement payments to a factoring company for a discounted lump sum today.

Structured settlement factoring lets a claimant who receives periodic structured-settlement payments sell some or all of those future payments to a specialty finance company in exchange for a discounted lump sum paid now, useful for a claimant facing an unexpected need for cash that the periodic payment schedule was not designed to cover.

Federal and state law, the Structured Settlement Protection Act framework mirrored in most state statutes, requires court approval of a factoring transaction, generally on a finding that the sale is in the claimant's best interest, along with specific disclosure of the discount rate applied. Factoring companies typically discount future payments substantially, which is the central consumer-protection concern the approval process addresses.

Juricratic does not simulate the factoring transaction itself, but flags an ingested structured settlement's payment stream as factoring-eligible in the case record, which matters for later disputes over the settlement, for example a dispute about whether a factored stream was properly disclosed or approved.

Lump Sum ≈ Σ [Payment_t / (1 + discount_rate)^t] for each factored payment t

In litigation

How it actually shows up

Claimants considering factoring should compare the discounted lump sum against the true present value of the payments being sold, since the applied discount rate can be steep, and courts reviewing a proposed factoring transaction scrutinize whether the sale genuinely serves the claimant's interest rather than just the factoring company's return.

Questions
Does a structured settlement have to be court-approved to be sold?
In most states, yes. Statutes modeled on the Structured Settlement Protection Act require court approval before a factoring transaction can proceed.
Why do factoring companies pay less than the payments' face value?
They apply a discount rate reflecting the time value of money and their own profit margin, which is why the effective discount rate is a key disclosure and approval factor.
Can a claimant sell only part of their structured settlement payments?
Yes. Partial factoring, selling only some future payments while keeping the rest, is common and often preferred over selling the entire stream.

This page is an educational explainer, not legal advice, and creates no attorney–client relationship. Juricratic is a simulation engine: every probability-like figure is a dial you set, not a calibrated prediction. Verify every rule, deadline, and figure against the authorities and orders that govern your matter.

Turn the concept into a modeled matter.

Juricratic makes every one of these ideas a live dial: model your case as a solvable game, then watch the optimal line and the settlement window move as the assumptions do.

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simulation, not prediction — not legal advice