§ 5-1708. General provisions; construction. (a) The provisions of this
title may not be waived by any payee.

(b) Any transfer agreement entered into on or after the effective date
of this title by a payee who resides in this state shall provide that
disputes under such transfer agreement, including any claim that the
payee has breached the agreement, shall be determined in and under the
laws of this state. No such transfer agreement shall authorize the
transferee or any other party to confess judgment or consent to entry of
judgment against the payee.

(c) No transfer of structured settlement payment rights shall extend
to any payments that are life-contingent unless, prior to the date on
which the payee signs the transfer agreement, the transferee has
established and has agreed to maintain procedures reasonably
satisfactory to the annuity issuer and the structured settlement obligor
for (i) periodically confirming the payee's survival, and (ii) giving
the annuity issuer and the structured settlement obligor prompt written
notice in the even of the payee's death.

(d) No payee who proposes to make a transfer of structured settlement
payment rights shall incur any penalty, forfeit any application fee or
other payment, or otherwise incur any liability to the proposed
transferee or any assignee based on any failure of such transfer to
satisfy the conditions of this title.

(e) Nothing contained in this title shall be construed to authorize
any transfer of structured settlement payment rights in contravention of
any statute or to imply that any transfer under a transfer agreement
entered into prior to the effective date of this title is valid or
invalid.

(f) Compliance with the requirements set forth in section 5-1703 of
this title and fulfillment of the conditions set forth in section 5-1705
of this title shall be solely the responsibility of the transferee in
any transfer of structured settlement payment rights, and neither the
structured settlement obligor nor the annuity issuer shall bear any
responsibility for, or any liability arising from, non-compliance with
such requirements or failure to fulfill such conditions.

(g) The assignee of any transfer agreement or any agreement executed
in connection therewith, shall be subject to all claims and defenses of
the payee against the transferee arising from such transfer agreement
notwithstanding any agreement to the contrary. Recovery hereunder by the
payee shall not exceed the amount owing to the assignee at the time the
claim or defense is asserted against the assignee. Rights of the payee
under this provision can be asserted affirmatively against a claim by
the assignee.