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How do I file a notice of claim against a city, state or federal agency?

Updated · By the Certified Letter Online team

Before you can sue a government body for damages, you usually must first present a written claim to it within a short deadline. In California, claims for injury to a person or personal property must be presented within six months (Government Code 911.2); under the Federal Tort Claims Act, a written claim must be presented to the federal agency within two years, usually on Standard Form 95. Mailing the claim by Certified Mail with return receipt proves when it was presented.

Cities, counties and states publish their own claim forms and addresses, often on the clerk's or risk management page. Use the official form if there is one.

Examples of government claim deadlines
AgainstDeadlineHow
California public entities (injury, personal property)6 months after the claim accruesEntity's claim form, Gov. Code 910 and following
California public entities (other claims)1 yearSame
Federal agencies (FTCA)2 years to present the claimStandard Form 95 to the agency
Other states and citiesVaries, often shortCity clerk or risk management office

Steps

  1. Find the right entity (city, county, state agency, federal agency) and its claim form.
  2. Fill it in with dates, place, what happened and the amount claimed; attach photos and bills.
  3. Send it Certified with return receipt to the address on the form, well before the deadline.
  4. Keep everything, and note the date the entity must respond under its rules.

Short deadlines

Government claim deadlines are much shorter than ordinary statutes of limitation. If you're close, talk to a lawyer now.

This guide is general information, not legal advice. For your specific situation, a legal aid office or a licensed attorney in your state can tell you what applies.

Quick answers

Can I send a government claim by certified mail?

Yes, unless the entity requires another method. Certified with return receipt proves when it was presented.

Do I have to use the official form?

Many entities have one and some require it. The federal SF-95 is the standard form for FTCA claims.

What if I miss the deadline?

Some laws allow a late-claim application in limited cases. Get legal advice immediately.

What to do next

Upload your completed claim form and we'll mail it Certified with return receipt for $17.99, so the filing date is provable.

Mail my claim

Sources

Checked: . General information, not legal advice. Fees and rules change: confirm current values at the official links above.