In transfers of structured settlement law, if the payee is domiciled in California at the time the transfer agreement is signed, the forum or jurisdiction, and the controlling law will be in a court inside California.
If the venue, (the place where the accident happened to the payee), was out of the state of California, then the jurisdiction or venue would still be California if the payee (domiciled in California) decided to one day transfer their structured settlement payments.
Jurisdiction - refers to the legal authority of a court to hear a case, or the geographic area, the subject matter or persons over which a court has the authority to hear a case.
Forum - A court of justice where disputes are heard and decided; a place of jurisdiction where remedies afforded by the law are pursued._
Venue - refers to the place where an incident or fact is declared to have happened or the county in which a case is brought for trial.
But when it comes to the transfer of a structured settlement there is more information to consider when than just jurisdiction, forum, and venue. These items can only come from an experienced attorney that has filed these types of cases in the past. A good Structured Settlement Attorney will have a working knowledge of more details, like within a jurisdiction is there a better venue. Or in a specific venue do they prefer XYZ over ABC, if so how to accommodate the venue without jeopardizing the transfer while still protecting the best interest of the client.
This is why it is imperative to have the right people working on a case, especially when your financial welfare is concerned. The judges recognize that as well, and is why you should take advantage of free consultations available to you by professionals experienced in these very specific areas.
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