As described in this post, in the case is captioned In re A Transfer of Structured Settlement Payment Rights by Saucier, No. 2015-CA-00847-COA, 2016 Miss. App. LEXIS 801 (Miss. Ct. App. Dec. 13, 2016), the appellate court affirmed the dismissal of any claims for damages against structured settlement payee Benny Ray Saucier by factoring company RSL Funding, LLC, because RSL failed to claim against against the payee.
While the failure to bring such a claim was the basis for the opinion, had the court reached the merits, there may have been other bases to reject such claims. For instance, the Mississippi Structured Settlement Protection Act, like most of the 49 state SSPAs, includes a “no-payee-liability” provision (Miss. Code § 11-57-13(4)), precluding imposition of certain liability on a payee by a factoring company.