01-2756 JG Wentworth, SSC, v. Callahan, et al.

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Despite a clear anti-assignment clause, Callahan assigned his future payments, obtained in a structured settlement of a products liability suit, to Settlement Capitol Corporation, which, in turn, assigned them to Wentworth.

Wentworth challenges the anti-assignment clause; we affirm the circuit court’s rejection of Wentworth’s claim that non-assignability language in a contract does not void an assignment, but merely gives the obligor a cause of action for damages resulting from the assignment.

The contested clause prohibits Callahan from accelerating, deferring, increasing or decreasing the payments and forbids him from selling or mortgaging or encumbering same, or assigning any part thereof.

Clearly, the parties’ intent was to prohibit Callahan from modifying the flow and timing of the payments or from assigning the future periodic payments.

Affirmed.

Recommended for publication in the official reports.

Dist I, Milwaukee County, Moroney, J., Curley, J.

Attorneys:

For Appellant: David P. Muth, Milwaukee

For Respondent: Sean Edward Callahan, Belleview, FL; James M. Fredericks, Milwaukee