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: Structured Settlements 4Real

New York Defense Structured Settlement Broker Advises Plaintiff Not To Use Own Broker

By John Darer

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It a show of arrogance , ignorance or whatever I learned that a well known defense structured settlement broker over enthusiastically told a plaintiff that they did not need their own broker. When I learned of this I could not believe it since I have worked with this person many times, with a happy ending for all.

The New York General Obligations Law  G.O.L. S 5-1702 (New York Structured Settlement Protection Act) expressly requires a statement to the claimant or the claimant's legal representative, by the  defendant or defendant's legal representative, that the claimant is advised to obtain independent professional advice relating to the legal, tax and financial implications of the settlement, including any adverse consequences and that the defendant or defendant`s legal representative may not refer any advisor, attorney or firm for such purpose.

Indeed in Bronx County, New York the Court rules specifically require a detailed affidavit demonstrating compliance with NYS GOL 5-1702

http://www.courts.state.ny.us/courts/12jd/civil/pdfs/IA-10.pdf

Next time a defendant, defense legal representative tells you that you don't need your own advice, simply remember the mantra of the apoplectic Spanish soccer commentator "GOOOOOOOOOOOOOOOL"

Full post as published by Structured Settlements 4Real on July 01, 2008 (boomark / email).

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