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36.02.08.00.htm 36.02.08.00. Title 36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY Subtitle 02 LOTTERY PROVISIONS Chapter 08 Voluntary Assignment of Monetary Prizes Authority: Criminal Procedure Article, §11-618; Family Law Article, §10-113.1; State Finance and Procurement Article, §3-307; State Government Article, §9-109, 9-110, and 9-122, Annotated Code of Maryland
36.02.08.01.htm 36.02.08.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Assignee" means a person who enters into a contract of assignment with a lottery prize winner or the estate of a lottery prize winner to obtain by court order voluntary assignment of the lottery prize winner’s lottery prize payment in whole or in part.2) "Assignee affidavit" means a sworn statement made under oath before a notary public by a person representing that the pers
36.02.08.02.htm 36.02.08.02. 02 General.. A. An assignment is permitted as authorized by State Government Article, §9-122(b)1)4) Annotated Code of Maryland.B. The manner by which an assignment may be processed is as provided in State Government Article, §9-122(b)1)4) Annotated Code of Maryland.C. For purposes of determining annually whether an assignee or subsequent assignee owes State obligations, the Agency shall treat an assignee or subsequent assignee as if they won the prize.
36.02.08.03.htm 36.02.08.03. 03 Who May Seek Assignment.. A. A person entitled to receive a lottery prize payment may file a petition with the court for voluntary assignment of all or part of the lottery prize payment.B. If a lottery prize payment is jointly owned, before an owner of the prize may file a petition in court for voluntary assignment of all or part of the lottery prize, all joint owners of the same lottery prize payment shall:1) Agree to the assignment;.
36.02.08.04.htm 36.02.08.04. 04 Affidavits Required.. A. An assignor affidavit and an assignee affidavit prepared and currently in use by the Agency shall be used to process a voluntary assignment request.B. An assignor affidavit or an assignee affidavit not prepared by the Agency may be used only if:. 1) The affidavit substantially complies with the Agency prepared affidavit; and. 2) Approval to use the affidavit is obtained in writing from the Agency prior to the filing of the pC. The content of the aff
36.02.08.05.htm 36.02.08.05. 05 Submission to Agency.. A. Petition and Affidavits. The assignee and assignor shall submit to the Agency a copy of the petition and all completed assignor and assignee affidavits upon filing the petition, and at least 30 days before any court hearing is held.B. Death of Spouse or Joint Owner. In the event of the death of a spouse or other person who jointly owned a lottery prize payment, the assignor or assignee shall submit a certified copy of the death certificate with the writ
36.02.08.06.htm 36.02.08.06. 06 Fees.. A. An administrative fee of $1,000 shall be paid to the Agency to process a request for a voluntary assignment.B. The administrative fee required in §A of this regulation is payable each time a lottery prize payment or any portion of a lottery prize payment is requested to be voluntarily assigned or reassigned.C. Payment of all fees due to the Agency shall be paid by a certified check or money order made payable to the Agency when the petition is submitted t
36.02.08.07.htm 36.02.08.07. 07 Special Requirements.. An assignor and an assignee shall provide written documentation to the Agency and the court that, as of the date of the court order approving the voluntary assignment, the voluntary assignment does not include or cover payments or parts of payments subject to:A. Child support payment;. B. Criminal restitution;. C. Bankruptcy; or. D. Any other debt, claim, or liability that may be owed to the State of Maryland..
36.02.08.08.htm 36.02.08.08. 08 Requirements for Court Order.. A. Preparation of the Court Order.. 1) The assignee seeking assignment shall prepare the court order that will approve the assignment.. 2) The assignee seeking the assignment shall submit a draft of the court order to the Agency for its approval before submitting the court order to the court for its consideration.B. Content of Court Order. A court order shall:.
36.02.08.09.htm 36.02.08.09. 09 Agency Responsibilities.. Within 30 days after receipt of a certified copy of a court order approving a voluntary assignment, the Agency shall send the assignor and assignee written confirmation of:A. The court-approved assignment; and. B. The intent of the Agency to rely on the assignment in making subsequent lottery prize payments consistent with the court order.
36.02.08.9999.htm 36.02.08.9999. Administrative History Effective date: May 13, 2013 (40:9 Md. R. 790) ―. Chapter revised effective January 14, 2019 (46:1 Md. R. 13).
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