The question: "Is a Court Order always necessary to sell structured settlement payments?" The answer given by Strategic Capital in its FAQ is that "a Court Order is needed for all structured settlement transactions".
The statement is false.
Strategic Capital does NOT engage in "structured settlement transactions". Strategic Capital engages in structured settlement factoring transactions**. There is a difference. One requires an insurance license. The other requires no license. A company that enages in structured settlement transactions would no longer be in business if it offered trips to Hawaii in exchange for business from consumers.
Not all structured settlement transactions require a Court Order. Obtaining a "qualified Order" in a structured settlement factoring transaction helps avoid a stiff 40% excise tax.
** defined at IRC 5891(c)(3)
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