What are the procedures for filing a claim against a municipality?
Filing a claim against a municipality in California is slightly different than filing a claim against a private individual or business. Before filing a claim, you must first give the municipality a written notice of the claim. This is to give the municipality an opportunity to investigate the situation and provide a response. The notice must be sent to the municipality’s “Clerk or Auditor” within 6 months of the date of the incident which caused the damage or injury. Once the notice is sent, the claim must be filed within 3 months of the date the notice was sent. The claim should include all relevant details regarding the incident, such as the date, time, amount of damages you’re claiming, and the names of witnesses. The claim should also include a description of the injury or damage as well as why the municipality should be held liable. The municipality must be served with the claim in order for the case to proceed. After the claim is received by the municipality, it will be reviewed and a decision will be made. If the municipality chooses to deny your claim, you may file a lawsuit in civil court within 6 months of the denial. If your claim is accepted, the municipality may offer to pay you a sum of money for damages.
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