Frequently Asked Questions About Filing Government Claims
- What is the process for filing a claim?
- What's the address for mailing a claim?
- What deadlines exist for filing a claim?
- When is a "leave to present a late claim" granted?
- What if I don't know the amount to claim?
- How can I check on the status of my claim?
- Claims for Erroneously Convicted Persons
- New law regarding reimbursement of extradition expenses
What is the process for filing a claim?
- Claimant's name and mailing address;
- The mailing address where notices should be sent;
- The date, place and circumstances that gave rise to the claim asserted;
- A general description of the debt, obligation, injury, damage or loss incurred as best as can be determined at the time of filing, so far as it may be known at the time of presentation of the claim;
- Any associated documentation (i.e. receipts, invoices, etc.);
- The name(s) of the entity or employee causing the injury, damage, or loss, if known;
- The amount claimed. If the amount exceeds $10,000.00, indicate whether the claim is a limited civil case (less than $25,000.00) or a non-limited civil case (greater than $25,000.00);
- A copy of the expired warrant if you are seeking replacement of a state-issued warrant; and
- Two complete copies and the original claim, for a total of 3 copies.
What's the address for mailing a claim?
California Victim Compensation and Government Claims Board
Government Claims Division
P.O. Box 3035
Sacramento, CA 95812-3035
What deadlines exist for filing a claim?
Claims for death or injury to a person, personal property, or growing crops must be filed within six months after the incident occurred. Any other claim must be filed within one year after the incident.
What is the process for filing a leave to present a late claim?
If your claim should have been filed within six months, and you missed the deadline, you must file a "leave to present a late claim within one year." Mail a letter containing an explanation of why your claim is late with your claim form. The Board must act on requests within 45 days. If the Board does not take action within 45 days, the claim is deemed rejected.
When is a "leave to present a late claim" granted?
The Board may allow a late claim for any one of the following:
- Mistake, inadvertence, surprise or excusable neglect where the public entity was not prejudiced by the failure to file within the deadline;
- Claimant was a minor during all of the time allotted;
- Injured claimant was physically or mentally incapacitated during all of the time allotted and for that reason failed to file in time; or
- Injured person died before the expiration of the time allotted for filing the claim.
What if I don't know the amount to claim?
Your claim cannot be processed without an amount listed. If you believe the total dollar amount exceeds $10,000.00, indicate whether the claim is a limited civil case (less than $25,000.00) or a non-limited civil case (exceeds $25,000.00).
How can I check on the status of my claim?
Claims for Erroneously Convicted Persons
Pursuant to Penal Code sections 4900 and following, the GCP reviews claims from persons who claim to have been erroneously convicted of a felony and incarcerated in a California state prison. See the PC4900 Claim Form.
New law regarding reimbursement of extradition expenses
On August 24, 2007, Senate Bill 81 (Chapter 175, Statutes of 2007) was enacted to add language to Penal Code sections 1557, 4016.5, 4750, 4758 and 6005 and to Welfare and Institutions Code section 1776. The new statutory language that was added to these various code sections specifically addressed the issue of reimbursement of extradition expenses. The new language reads as follows:
“No city, county, or other jurisdiction may file, and the state may not reimburse, a claim pursuant to this section that is presented to the Department of Corrections and Rehabilitation (CDCR) or to any other agency or department of the state more than six months after the close of the month in which the costs were incurred.”
With this change in law, the Victim Compensation and Government Claims Board no longer has the authority to act on claims submitted to the Government Claims Program seeking reimbursement of expenses related to extradition claims that are not invoiced to the CDCR within six months after the end of the month in which the extradition expenses were incurred. It is now imperative that cities, counties and other entities seeking reimbursement for extradition expenses submit their invoices to the CDCR within the prescribed six month time frame to be reimbursed.