Genex Capital Corporation FAQ
Genex Capital strives to give you the information you need to make an informed decision about selling your structured settlement or other annuity payments. The following is a list of commonly asked questions and related answers. Please note that with respect to structured settlement annuities one is permitted to sell the payment rights with respect to same and not the actual structured settlement contract itself. The following FAQ’s should be read, understood and relied upon in accordance with this context.
About What Genex Capital buys
Genex Capital buys structured settlements and certain other insurance annuity payments.
We can generally buy your payments if they are paid to you:
- by an insurance company
- As a result of a lawsuit or insurance settlement
- Either guaranteed or life contingent payments
- Not as a result of a workers compensation claim
We do not buy:
- Workers compensation payments
- Payments due to a minor child
- Social security payments
- TIAA CREF payments
- Pre-settlement cases
- Viatical settlements
About Selling your Structured Settlement Annuity
A structured settlement annuity is a contract issued by an insurance company to fund the payment of damages for personal injury over a period of time. It is sometimes referred to as an insurance settlement.
It guarantees you or, in the event of your death, your beneficiary a tax free payment or a series of payments over a fixed period of time.
Most structured settlements are the result of a lawsuit- they are payments resulting from a court action.
Yes. You can sell your structured settlement or insurance settlement payments.
Most states have a Structured Settlement Protection Act. These laws allow you to sell your payments if the following requirements are met:
You must be given full disclosure about the financial terms of your sale.
You have a "cooling off period" after you sign documents to change your mind and cancel the sale.
You must be advised in writing to seek independent professional advice regarding your sale. In some states you can choose to waive this advice.
A hearing is held where a judge considers your case and decides whether to approve the sale. The judge will examine your financial situation, what you want to do with the money and whether it is in your best interests to sell payments.
The judge must issue a court order approving the sale.
Anti-assignment or anti-sale language does not prevent you from selling your payments.
Some settlement agreement or annuity policies contain anti-sale or anti-assignment wording such as: "none of the periodic payments may be accelerated, deferred, increased or decreased and may not be anticipated, sold, assigned or encumbered."
Since you must get a court order approving the sale of your payments, a judge will review and evaluate your case.
Judges have the power to approve the sale, even if there is language in your settlement agreement or structured settlement annuity policy that attempts to prevent you from selling your payments.
You can sell some or all of you payments.
You can create more than one case file online with different payment combinations and get more than one price quote so as to customize a transaction that best meets your financial needs.
If you only sell some of your payments your insurance company will continue to pay you the payments you keep as and when those payments are due.
Yes. If you have sold some of your structured settlement payments in the past you can sell any remaining payments to which you are still a payee.
We can buy your payments even if you are in bankruptcy proceedings and have not yet been discharged.
If you are in bankruptcy proceedings you will need to let us know prior to having your case quoted so that we may speak to your trustee in bankruptcy or legal representative to obtain additional facts.
We reserve the right to deduct a reasonable fee for additional work in processing cases that have not yet been discharged from a bankruptcy.
The money you receive from selling your structured settlement payments will have the same tax treatment as the payments you receive from your structured settlement annuity.
If you currently receive your payments tax free the money you receive from selling your payments will be tax free.
In most cases your structured settlement annuity payments are tax free because your annuity was set up to qualify for tax free treatment under section 130 of the Internal Revenue Code.
The U.S. Federal Government has taken several steps to insure that payments received for damages from personal injuries will be tax free.
Section 104(a)(2) of the Internal Revenue Code confirms that damages received for personal injury or sickness are not considered income and are not subject to tax.
In 2002 federal legislation was passed to protect payees should they decide to sell their structured settlement payments. As a result, Section 5891 was added to the Internal Revenue Code.
Section 5891 requires the sale of structured settlement payments must be approved by a court in accordance with the relevant State statute. Provided the sale is conducted in accordance with Federal and State laws there are no taxes payable.
Please note that this information is provided as a courtesy only and does not constitute legal advice. You should seek legal or other professional advice to address your specific circumstances.
Genex Capital does not offer quotes to annuitants who are minor children because those persons do not have legal capacity to sell their payments without the intervention of a litigation or personal property guardian.
It is not legal for you to sell a structured settlement annuity arising from workers compensation claims. You must keep the annuity until all of the payments are made to you.
About the Genex Capital Price Quote
To start the offer process,
- go online here and input your payment amounts, dates and insurance company. You may enter as many cases as you want with different payment combinations to get the amount of money that best suits your financial needs. In this case you will receive your price quotes at the email address you input into the system, or
- contact one of our customer service experts at 1-800-348-3098 FREE and he or she can assist with inputting the information necessary for us to make an offer.
- You will receive your price quote as soon as it is available and generally in less than 24 hours either at the email address you provided or by telephone from one of our customer service experts.
It will take a maximum of 24 hours for you to receive your set of price quotes which constitute firm offers to buy your annuity. You may receive some or all of your price quotes in as little as 1 hour.
- You get our best price, without hassle.
- You will get your guaranteed price quote fast---generally in less than 24 hours and often in as little time as 1 hour.
- Each price quote constitutes an offer to buy your annuity payments which remains open for acceptance for 48 hours after posting in order to provide you time to decide. If you do not accept an offer within 48 hours from the date the offer is posted, the offer is no longer considered valid and at that point you must contact us prior to accepting in order to confirm that the offer remains the same. You may call us at 1-800-348-3098 FREE.
There is no obligation for you to accept our price quote. You may decide that you do not wish to sell your annuity in which case we will close your file until further notice from you.
Each offer provided by our Certified Partners is open for acceptance for a period of 48 hours following posting. To accept just visit our Web Site, log into your account, and press the "Accept" button. Alternatively you may contact us by phone at the number provided on our Home Page and notify one of our customer service experts that you accept and wish to proceed with your sale.
You should not indicate your acceptance of an offer until you are sure you want to proceed with the sale. However, even if you do accept and receive sale documents, there is generally a "cooling off" period in which you may change your mind and cancel the transaction. The cooling off time period is clearly stated on either the Disclosure Statement or Sale and Assignment Agreement you receive as part of the sale documentation.
- By logging into your account here and following the instructions on your screen.
- By calling us at FREE or by our customer service expert calling you.
About the Sales Process and Getting your Money
At Genex Capital we understand that your financial goals depend on completing your sale transaction and getting paid in the fastest time permitted by law.
Once you have accepted an offer and confirm that you want to proceed with the sale we start the sale process as follows:
- First Contact within 2 hours- you will receive a call from a customer service expert generally within 2 hours from acceptance. At that time our expert will inform you of the transfer and sale process.
- Legal Documents within 24 hours- you will receive your legal documents from us within 24 hours by Fedex and in as little as 1 hour if you choose to receive them by email or fax.
- Court Process within 30 days- We will complete the mandatory court process as soon as legally permitted. This could mean as little as 30 days depending on the State.
- Immediate Access to your Money- you get paid your money by direct wire transfer of immediately available funds into a bank account of your choice immediately upon completion of the legal process.
- Expected time to completion- From price quote to funding the entire transfer process can take as little as 4 weeks, depending on the State in which you reside.
We process your structured settlement sale transaction at no cost to you.
In the unlikely event your sale is not completed for whatever reason:
- You will not be charged any fee or penalty by Genex Capital. This promise is set out in writing on the sale documentation you receive.
- You will be entitled to receive all of the annuity payments you had contracted to sell as and when they fall due.
- Your insurance company will continue to pay you all future payments as if you had never entered a transaction to sell.
- You will not have any further obligation to Genex Capital.