South Africa – Claim Unemployment Benefits in South Africa #how #to #claim #bankruptcy


uif claims

Claim Unemployment Benefits in South Africa

What are your Benefits if you are Unemployed or Ill? Find out about the national Unemployment Insurance Fund (UIF), Unemployment Benefits, Illness Benefits, Maternity Benefits, Adoption Benefits and more on Mywage.co.za

The national Unemployment Insurance Fund assists not only those who lose their jobs, but also those who stop receiving a salary for a period of time as a result of pregnancy, illness or taking care of an adopted child under the age of two. Also family members left behind upon the death of the breadwinner in the family are assisted by the Fund. Essentially, the five types of benefits that are provided include:

1. Unemployment Benefits
If you lose your job, because of dismissal, contract termination by your employer or his insolvency and have not found another within 14 days, you may apply within six months of becoming unemployed. You can claim benefits for up to 34 weeks (238 days). When applying you must identify yourself, bring the last six pay slips, a formal statement of your former employer, proof that you registered as a job seeker with the Department of Labour, state that you are capable and willing to work and fill in the application booklet.

2. lllness Benefits
If you are ill you can claim if you are unable to work for more than 14 days and not receiving a salary or receiving only a part of your salary from your employer. You must be willing to undergo medical treatment. When applying you must identify yourself, bring the last six pay slips, a formal statement of your employer and your pay in the period you are on sick leave, proof of banking details and fill in the application booklet.

3. Maternity Benefits
When you are due to have a baby you are entitled to 17 weeks (121 days) maternity benefits. If you have had a miscarriage you can claim for six weeks (42 days). When applying you must identify yourself, bring your last six pay slips, a formal statement of your employer and your pay in the period you are on maternity leave, proof of banking details, a completed medical certificate and fill in the application booklet.

4. Adoption Benefits
Can be applied for when you adopt a child under the age of two years and take unpaid leave or receiving only a portion of your salary while you are at home caring for the child. Only one parent may claim. Benefits are only payable if the child is adopted in terms of the Child Care Act and the period that the contributor was not working was spent caring for the child. When applying you must identify yourself, bring the last six pay slips, a formal statement of your employer and your pay in the period you are on leave, proof of banking details, the order of adoption, a copy of the child’s birth certificate and fill in the application booklet.

5. Dependent’s Benefits
Can be applied for if the person who has been financially supporting the household dies. The spouse of the deceased can claim the benefit even if he or she is in employment. The application must be made within six months of the date of the death of the deceased contributor. When applying the spouse of the deceased should identity him/herself and show the id of the deceased partner, the last six pay slips of the breadwinner, a formal statement by the former employer, a certified copy of the marriage certificate, a completed medical certificate, proof of banking details and fill in the application booklet. If the surviving spouse does not make an application within six months, a dependent child under the age of 21 years and includes any person under the age of 25 years who is a learner and who was wholly or mainly dependent on the deceased, can apply for the benefits. The application must be made within 14 days after the 6 month period has expired, during which the spouse should have applied. In addition they should show proof of guardianship and of learner status.

Quit Your Job and Lose Your Right!
All employees are contributors to the UIF. Each month the employer deducts 1 percent of workers’ pay as their contribution prescribed by law. Some contributors are however excluded from a benefit, more in particular if the contributor:
· Resigns from employment
· Fails to report at the times and dates stipulated by the claims officer
· Refuses without just reason to undergo training and vocational counselling for employment
· Is receiving a monthly pension from the state
· Is receiving payment from the Compensation Fund for illness or injuries that caused the temporary or total unemployment of the contributor
· Is receiving benefits from any other scheme established by the Labour Relations Act
· Fails to comply with the provisions of the Act
· Has been caught working and collecting benefits or committed fraud, in which case the Unemployment Insurance Commissioner may deny a contributor access to the fund for a period of up to five years.

Build Up Credit
Credits are given to you as you work and contribute to the Fund. For every six days you have worked you get one day’s credit up to a maximum of 238 days. To build up the maximum credits you have to work for four years. If you have worked for less than 238 days you can claim for the number of days’ credits you have built up. As from April 2002 benefits are calculated on a sliding scale dependent on your salary. The benefit rates range from 38% for the highly paid workers (earning more than R97 188 per annum, R8099 per month or R1869 per week) to 58% for the lowest paid workers.

Applicants Should Remember:
• To keep your 13-digit RSA-bar coded Identity Document (ID)/ passport safe
• To inform the claims officer if you resumed work while receiving UIF benefits at the same time
• That it is illegal to work and draw benefits at the same time
• To report at times and dates stipulated by the claims officer when advised to do so
• Not to make a false statement
• Not to wait until it is too late to apply for benefits
• Not to expect to receive any UIF benefits when you resign from employment
• Not to submit fraudulent applications for benefits
• Not to refuse without reason to undergo training and vocational counseling for employment
• Not to stay away and ignore the instructions of the claims offer.

Employers Must Ensure:
That their UIF reference number is completed on the deposit slip when payment is made. UIF-payment for domestic workers only: FNB 62052400547 25-31-45

For all other information you may need, look at www.labour.gov.za


Diminished Value #claimed


diminished value claim

Diminished Value and Total Loss Claim Help

November 26, 2013 Author: Jason Farbiarz

Since 2008, we have been assisting both policyholders and claimants across the USA and Canada with all aspects of an auto damage claim.

Whether your vehicle was repaired after an accident and lost value (diminished value ), whether your car was totaled and you were not satisfied with your settlement offer, or whether you were not fairly compensated for a rental car or loss of business income, you need to contact us for a free evaluation. toll free, at 1-888-967-6488 .

What Is Diminished Value? Are You Entitled?

Diminished value is the loss in value of a vehicle caused by an accident. Analysis of a variety of data is involved in measuring the diminished value. There is no instant diminished value calculator that can determine diminished value because there are many factors that have to be taken into account. A professional that specializes in diminished value claims can assist to expedite the maximum settlement for a diminished value claim .

Depending on the state or province where the accident took place, even up to many years after an accident, you may still be entitled to the diminished value from an accident!

A car dealership appraised my car thousands of dollars less since I had my accident. My car was fixed as it was before, but it is not worth as much. Within two weeks of contacting AutoDamageClaim.com. we received a check for $3,600 for diminished value!

Total Loss: Were You Paid The Maximum?

Don t just accept the insurance company s offer for your wrecked vehicle without first getting a free evaluation from a professional. Your auto insurance policy includes provisions that give you the right to recover the maximum value for your total loss vehicle claim. Find out how much more you may be entitled to by contacting us today.

The insurance company offered me $25,000 for my total loss. but I thought I was being shortchanged. After contacting AutoDamageClaim.com. the settlement offer increased to over $40,000 in just 10 days!


How to Claim UIF Unemployment Benefits – Department of Labour #leeds #hospital #fund #claim #form


uif claims

How to Claim UIF Unemployment Benefits

Unemployed workers must apply for benefits at their nearest labour centre in person. They must be registered as work-seekers and take the necessary documents with them.

Claiming Unemployment Benefits

If workers want to claim unemployment benefits they must use the following steps:

Step 1: Get the documents ready

Before workers can claim, they must get the following documents ready:

  • 13-digit bar-coded ID or passport;
  • form UI-2.8 for banking details;
  • form UI-19 to show that you are no longer working for your employer; and
  • proof of registration as a work-seeker.

Step 2: Go to the nearest labour centre

Unemployed workers must go to the nearest labour centre themselves and hand in the documents. Staff at the labour centre will assist them with all the processes and give them more information.

Step 3: Follow all the instructions of the staff at the labour centre

Staff at the labour centre may ask unemployed workers to go for training or advice or to visit the labour centre at certain times. Workers should do what they ask, or they may not be able to claim.

Related Links

  • Basic Guide to UIF Contributions Employers must pay UIF contributions of 2% of the value of each worker’s pay per month. The employer and the worker contribute 1% each.
  • Basic Guide to UIF Registration All employers must register with the UIF or SARS.
  • Basic Guide to UIF Unemployment Benefits Workers who become unemployed have the right to claim from UIF.
  • How To Apply to Pay the UIF Annually Employers who want to pay UIF annually may do so before the 7 of March every year.
  • How To Claim UIF Dependants Benefits Dependants who want benefits must take the necessary forms to their nearest labour centre.
  • How To Claim UIF Illness Benefits Ill workers must take the necessary documents to their nearest labour centre or get someone to go on their behalf.
  • How To Claim UIF Maternity Benefits Workers on maternity leave must apply for benefits at their nearest labour centre.
  • How To do UIF Declarations Employers can mail, fax, email or do their declarations online.
  • Form UI-19 – Declaration of information of commercial employees and workers employed in a private household Employers’ must forward this form to the UIF, PRETORIA, 0052 or alternatively fax.
  • Form UI-2.8 – Application to pay UIF benefits into banking account Application to pay UIF benefits into banking account
  • Contact Us How to contact the Department of Labour
  • Labour Centres Short description

Weekly claim #no #claims #bonus #for #named #drivers


file weekly claim

By Baggie. April 26, 2013

To receive your benefits, after filing your unemployment application, you MUST file a weekly claim each week you remain unemployed until your benefits expire. File your first weekly claim on Sunday afternoon or evening or on Monday after filing your unemployment claim the previous week. For example: If you filed your initial application on Tuesday… Read More

By Baggie. April 24, 2013

IMPORTANT: You are the only one who can file for your benefits. Allowing another person to have access to your PIN and file for you is considered fraud. There are two way to request payment: On-line or via telephone using the Interactive Voice Response System (IVR) at 444-9800. Both systems are available 24 hours a day,… Read More

By neha. April 19, 2013

You may file your weekly claim for benefits over the Internet at www.jobs.dc.gov. You may also file your weekly claim over the telephone at 202-724-7000. In either case, you will need to use the password that you created or that we mailed to you when you filed your initial claim. If you do not know… Read More

Once you have established your claim, you need to continue filing weekly claims to continue receiving benefits. Weekly claims can be submitted via the Internet or the telephone and through mail in some rare cases. Filing claims through Internet: This is the easiest and fastest way. Visit Vermont’s Department of Labor’s website and follow the… Read More

A claimant can file his claims using any of the following methods: Telephone: Dial +1 (307) 473-3789 for assistance. The above number connects you to an interactive voice response system that lets you file your weekly claim after inquiring about the payment status of your claim. English and Spanish are the available languages. Internet: Visit… Read More

By neha. April 16, 2013

You can file your biweekly claims by using the Internet or phone (VICTOR). Once you’ve opened a claim, you must file every two weeks to keep your claim active and to receive benefits. Filing on the Internet To file your biweekly claims on the Internet, log in to my.alaska.gov and click on “Unemployment Insurance Benefits.”… Read More


North Carolina Unemployment Weekly Claims #whiplash #claims #average #payout #2010


file weekly claim

North Carolina Unemployment Weekly Claims

North Carolina Benefits

You may file for weekly claims either online or by telephone.

To file a weekly certification by telephone you must call 1-888-372-3453.

  • Claimants with odd number SSNs (Social Security Number) à Monday Wednesday through Saturday,
  • Claimants with even number SSNs à Tuesday through Saturday

While claiming online. please remember to use the logout button when you are finished using the NC DES website rather than closing the browser window. This will protect your personal information and is important if you are using a public computer, at a DES office or a library.

If you are having problems logging into the website, call 1-888-737-0259 from 8:00 A.M. to 4:30 P.M. Monday through Friday.

Note: Each application displays its own hours of availability which may differ from the above specified login availability times.

  • Monday – Friday 2:00 A.M. 12:00 Midnight ET
  • Saturday 6:00 A.M. 12:00 Midnight ET
  • Sunday 12:00 Noon 12:00 Midnight ET

Questions & Answers

Debbie Iannucci says:

Is there a limit to the amount of money you can make weekly while on unemployment benefits? For example if I were to get a part time job and make $180 weekly to supplement my unemployment.

If you re filing from the state of North Carolina, please use the link below to estimate the benefits you re eligible for.

Marilyn holguin says:

I try to claim an week but don t let me because I need to sing in on workforce in North Carolina. But I live in another state and I m sing in for that state what I need to do.

You can try applying over the phone.

Please call the Customer Service for further information in this regard.

LaDarius Bryant says:

I was trying to file my weekly certification and I received a message that stated You may not file a claim at this time, because our records show that your benefits have exhausted. What does this mean?

It means there are no benefit weeks left in your account. You seem to have claimed it all.

Please speak to a claims representative for clarification.

Ashley Helms says:

I filed my weekly claim 4 additional questions were added this week. I was told my claim was accepted but could not payout this week. I really need my benefits and believe I may have answered one of these questions incorrectly, as nothing has changed with my status. Please help.

Please call the claims center immediately to notify the authorities.


How to Transfer Property Rights to Family with a Quit Claim Deed #claim #advice


quit claim deed

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How to Transfer Property Rights to Family with a Quit Claim Deed

A Quit Claim Deed is a simple real estate legal document used to transfer property rights, often between family members. To determine if a Quit Claim Deed is the best option for you, consider the following:

Get started Create Your Quit Claim Deed Answer a few questions. We’ll take care of the rest.

Is there a trusted relationship between the parties or family members?

A Quit Claim Deed is most often used to transfer property between parties who are familiar with one another and who have an established relationship. Unlike a Warranty Deed, a Quit Claim Deed does not provide the new owner with any guarantees or warranties that the seller owns the property or has authority to sell the property, nor does this type of deed guarantee that a buyer is receiving the property free of mortgages.

Due to the lack of warranties with signing a Quit Claim Deed, it is typically only used to transfer title between family members, spouses or ex-spouses after a divorce, between a trust owner and the trust, or between other individuals who have a long standing and trusting relationship.

Do you want to correct a previously recorded deed?

A Quit Claim Deed is often used to correct mistakes or to clarify information in previously recorded deeds. Minor disparities can cause problems when a property owner attempts to sell the property unless a deed is drafted which clarifies or corrects the conflicting information.

Do you want to clarify how the property is owned?

Another common reason for using a Quit Claim Deed is to clarify tenancy (how the property is owned by the parties) amongst the property owners. Clarifying tenancy by Quit Claim Deed can save time and money in the event of death of one of the property owners, for example; if a husband and wife realize the current deed does not specify tenancy. In most states, if no specific statement is made, it is assumed the property is owned as tenants in common. Most spouses or family members prefer to hold property as joint tenants with right of survivorship. Doing so allows the property to pass to the remaining property owners without the necessity of an expensive probate after the death of one of the property owners.

Good to knowState differences

There are some state differences regarding transfer of after-acquired title. Montana, Idaho, and Alaska allow transfer of after-acquired title using a Quit Claim Deed. In most states, a Quit Claim deed only transfers the interest owned by the seller at the time they executed the deed. Usually, any interest in the property acquired after the signing of the Quit Claim Deed does not pass to the buyer.

Get started Create Your Quit Claim Deed Answer a few questions. We’ll take care of the rest.

Get started Create Your Quit Claim Deed Answer a few questions. We’ll take care of the rest.

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer .

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Claim legal definition of claim #unemployment #claims #number


claim

claim

Claim

To demand or assert as a right. Facts that combine to give rise to a legally enforceable right or judicial action. Demand for relief.

A claim is something that one party owes another. Someone may make a legal claim for money, or property, or for Social Security benefits.

A claim also means an interest in, as in a possessory claim, or right to possession, or a claim of title to land.

claim

1) v. to make a demand for money, for property, or for enforcement of a right provided by law. 2) n. the making of a demand (assert a claim) for money due, for property, for damages or for enforcement of a right. If such a demand is not honored, it may result in a lawsuit. In order to enforce a right against a government agency (ranging for damages from a negligent bus driver to a shortage in payroll) a claim must be filed first. If rejected or ignored by the government, it is lawsuit time.

claim

(Assertion), noun affirmation. allegation. averment. avouchment. avowal. declaration. predication. presentation. proposition. statement
Associated concepts: claimed use, disputed claims, doubtful claims, false claim. fictitious claims, fraudulent claims
Foreign phrases: Debitorum pactionibus creditorum petiiio nec tolli nec minui potest.The rights of creditors to sue cannot be prejudiced or diminished by agreements beeween their debtors.

claim

(Legal demand), noun accusation. adjuration. bill of complaint. cause of action. challenge. command. complaint. counterclaim. declaration. exaction. plea. postulate. postulatio. presentment. requirement. suit. ultimatum
Associated concepts: allowed claim, claim against bankrupt estate, claim against estate, claim and demand, claim arissng on contract, claim for alternative relief, claim for support, claim of a creditor, claim of interest, claim or defense notice of claim, claimed on appeal, claimed use, claims ex delicto, colorable claim, common law claim, compensation claim, conflicting claims, contingent claims, counter claim, court of claims. cross claim, disputed claims, doubtful claims, equitable claims, fictitious claims, fixed claims, fraudulent claims, frivolous claims, illegal claims, indeterrinate claims, individual claim, insurance claim, just claim. lawful claim. money claim, moral claims, particular nature of claims, prior claim, proof of claim, provable claim, seeured claim, settlement of claim, stale claim, subordination of claim, subsequent claims, undisputed claim, unliquiiated claims, unmatured claims
Foreign phrases: Rogationes, quaestiones, et positiones debent esse simplices.Demands, questions, and claims ought to be simple.

claim

claim

claim

claim

1 a document under seal, issued in the name of the Crown or a court, commanding the person to whom it is addressed to do or refrain from doing some specified act.

2 a sum of money demanded.

3 a request for an order from a court.

CLAIM. A claim is a challenge of the ownership of a thing which a man has not in possession, and is wrongfully withheld by another. Plowd. 359; Wee i Dall.444; 12 S. & R. 179.
2. In Pennsylvania, the entry on of the demand of a mechanic or materialman for work done or material furnished in the erection of a building, in those counties to which the lien laws extend, is called a claim.
3. A continual c1aim is a claim made in a particular way, to preserve the’ rights of a feoffee. See Continual claim.
4. Claim of conusance is defined to be an intervention by a third person, demanding jurisdiction of a cause against a plaintiff, who has chosen to commence his action out of the claimant’s court. 2 Wils. 409; 1 Cit. Pb. 403; Vin. Ab. Conusance; Com. Dig. Courts, P; Bac. Ab. Courts, D 3; 3 Bl. Com. 298.

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The only two human beings of whom she spoke with any feeling were the Swede, Johnson, who had given her his claim. and Lena Lingard.

For, not only had his son and heir come into immediate enjoyment of a rich estate, but there was a claim through an Indian deed, confirmed by a subsequent grant of the General Court, to a vast and as yet unexplored and unmeasured tract of Eastern lands.

Planted deep, in the town’s earliest infancy and childhood, by these two earnest and energetic men, the race has ever since subsisted here; always, too, in respectability; never, so far as I have known, disgraced by a single unworthy member; but seldom or never, on the other hand, after the first two generations, performing any memorable deed, or so much as putting forward a claim to public notice.

Well, about eleven o’clock that night he came back and ordered a bed and told them to put the horses up–said he would collect the claim in the morning.

May it please the court, the claim given the front place, the claim most persistently urged, the claim most strenuously and I may even say aggressively and defiantly insisted upon by the prosecution is this–that the person whose hand left the bloodstained fingerprints upon the handle of the Indian knife is the person who committed the murder.

Waiving that point, however, and supposing her to be, as you describe her, only pretty and goodnatured, let me tell you, that in the degree she possesses them, they are not trivial recommendations to the world in general, for she is, in fact, a beautiful girl, and must be thought so by ninetynine people out of an hundred; and till it appears that men are much more philosophic on the subject of beauty than they are generally supposed; till they do fall in love with wellinformed minds instead of handsome faces, a girl, with such loveliness as Harriet, has a certainty of being admired and sought after, of having the power of chusing from among many, consequently a claim to be nice.

What the nature of his claim on her might be seemed less intelligible — unless it was the claim of a poor relation.

For seventeen months no one disputed Bell’s claim to be the original inventor of the telephone.

Whenever the States may choose to substitute other republican forms, they have a right to do so, and to claim the federal guaranty for the latter.

For the same reason the Dorians claim the invention both of Tragedy and Comedy.

As a whole, I had scarcely ever seen a young creature that could lay claim to more of the loveliness of her sex.

From all of his Pack he may claim Full-gorge when the killer has eaten; and none may refuse him the same.


Small claim court #accident #insurance #claims


small claim court

The Small Claims Court allows you to institute minor civil claims in a speedy, affordable and simple manner without using an attorney.

Who may institute a claim?

  • Anyone except juristic persons such as Companies, Close Corporations and Associations.
  • A person under 18 must be assisted by a parent or legal guardian.

Against whom may a claim be instituted?

  • With the exception of the State, against anyone, including Companies, Close Corporations and Associations.
  • NB. Please note that claims cannot be instituted against Municipalities/Local Government in a Small Claims Court.

What amount can be claimed?

  • An amount not exceeding R 15 000. (This amount is determined by the Minister from time to time in the Government Gazette. Latest: G 37450 RG 10153 GoN 185. 18 Mar 2014.
  • If your claim exceeds R 15 000 in value, you can institute a claim for a lesser amount to pursue your case in the Small Claims Court.

STEPS TO FOLLOW

Cautionary principle for persons using the Small Claim Courts.
If you intend instituting a claim in the Small Claims Court, ensure that the opposing party is able to compensate you should the judgment be in your favour. It is futile to institute a claim against another person who is unemployed and who possesses no property.

  • Step 1. Contacting the opposing party
    Contact the opposing party (the person against whom you are instituting legal proceedings) either in person, in writing or telephonically and request them to satisfy your claim.
  • Step 2. Letter of demand
    If the opposing party does not satisfy your claim, send them a written demand setting out the facts on which the claim is based and the amount you are seeking. Afford the opposing party 14 days from receipt of your letter to settle your claim. Deliver the written demand by hand or registered post to the opposing party.
  • Step 3. Going to the clerk of the court
    After 14 days report to the clerk of the court with the following documents:
      • Proof that the written demand was delivered, such as a post office slip.
      • Any contract, document or other proof upon which your claim is based or that has regard thereto.
      • The full name and address (home and business addresses, if available) and telephone number of the opposing party.
  • Step 4. Summons to the opposing party
    The clerk of the court will examine your documents and assist you in drawing up the summons. The clerk of the court will issue the summons and hand it to you to hand to the opposing party. The clerk of the court will also inform you of the date and time of the hearing of the case.
  • Step 5. Delivery of the summons
    Serve the summons on the opposing party in person and have them sign for the document. The plaintiff is required to make copies of the summons, letter of demand and return of service. The copies must be served on the opposing party (otherwise known as the defendant). The plaintiff must deliver the original summons and return of service to the clerk of the court as soon as possible before the hearing to ensure the information is kept in the court file.

What might happen between Step 5 6:

POSSIBLE STEPS BY THE OPPOSING PARTY AFTER RECEIPT OF THE SUMMONS
• The defendant may comply with the plaintiff’s claim.
• The defendant may deliver a written statement (plea) to the clerk of the court and send a copy to the applicant.
• The defendant may issue a counterclaim by delivering a written statement that contains the same particulars as those required for a summons to the clerk of the court.
• If a plea or a counterclaim is instituted, the court proceedings must still be attended.

WHAT DO YOU DO IF THE OPPOSING PARTY HAS SATISFIED YOUR CLAIM?
• Issue a written receipt immediately
• Inform the clerk of the court that your claim has been settled and that you are no longer proceeding with the case.

  • Step 6. Hearing
    • You must appear in court in person.
    • Ensure you have all the relevant documents on which your claim is based with you.
    • Ensure that all your witnesses are present.
    • Ensure that you have the written proof that the summons was served on the opposing party.
    • The court procedures are informal and simple.
    • No advocate or attorney may appear on your behalf.
    • The commissioner of the court will request you to state your case. State the facts as concisely as possible.
    • Answer the questions of the commissioner and submit your exhibits. (document upon which your claim is based)
    • No cross-examination between the parties is allowed. With the commissioner’s permission you may, however, put a few questions to the opposing party.
    • Listen attentively to the opposing party’s explanations and inform the commissioner of any facts you believe have not been presented accurately.
    • After the commissioner has heard you, your opposing party and any witnesses that may be present, the court can pass judgment. The commissioner may also indicate that judgment will be passed in writing at a later stage.
  • Step 7. After judgment
    In case judgment is given against you
    • The judgment of the court is fi nal, unless some ground for review exists.
    • Settle any order for costs that the court may make against you. The only possible costs can be those that the opposing party may have had in respect of fees for the sheriff.
    • Abide by the decision of court.
  • The above-mentioned merely informs you of the most important steps to be taken with regard to the institution of a case in the small claims court.
  • Should you require assistance with any matter at all, the address and telephone number of the clerk of the small claims court can be obtained from your local magistrate’s office.

History of the Federal Judiciary #small #claims #court


court of federal claims

History of the Federal Judiciary

U.S. Court of Federal Claims, 1982 present

Judges of the U.S. Court of Federal Claims
Judge Succession Chart for the U.S. Court of Federal Claims

The U.S. Court of Federal Claims was established as the U.S. Claims Court by the Federal Courts Improvement Act of 1982 (96 Stat. 25). The new court assumed the original jurisdiction of the U.S. Court of Claims, which had operated since 1855 and was abolished by the act of 1982. The act of 1982 granted the U.S. Claims Court jurisdiction to hear money claims against the federal government based on the Constitution, statute, executive department regulations, or government contracts. Typical cases might involve disputes concerning tax refunds, federal contracts, federal takings of private property, or government employees pay. The act of 1982 declared that the U.S. Claims Court was established under article I of the Constitution of the United States and the court is codified as part of Title 28 of the U.S. Code. Like other courts of the federal judiciary, it is governed in certain matters by the Judicial Conference of the United States, and it receives administrative assistance from the Administrative Office of the U.S. Courts.

The act of 1982 authorized sixteen judgeships for the U.S. Claims Court. Judges are appointed by the President and confirmed by the Senate for a term of fifteen years. The act also provided that the President designate one of the nominees as the chief judge of the court. Initially, all commissioners serving on the former U.S. Court of Claims as of the effective date of the act became judges of the U.S. Claims Court and served until they reached fifteen years of service since appointment as a commissioner, or until October 1, 1986, whichever came first. (The judges of the old U.S. Court of Claims were reassigned to the U.S. Court of Appeals for the Federal Circuit, which assumed the appellate jurisdiction of the old court and hears appeals from the U.S. Court of Federal Claims.) Judges of the U.S. Court of Federal Claims have had, since the court’s inception, an option to assume senior status upon meeting congressionally prescribed service criteria. Senior judges accept a reduced caseload during periods when the chief judge of the court has recalled them for service. The president is authorized to appoint a successor to a judge who assumes senior status.

In 1992 Congress changed the name of the court to the U.S. Court of Federal Claims. The principal seat of the court is Washington, D.C. but Congress authorized the court to sit in other locations to facilitate appearances by parties and witnesses.


Records of the United States Court of Claims #cliam


court of federal claims

Records of the United States Court of Claims

Overview of Records Locations

Table of Contents

  • 123.1 Administrative History
  • 123.2 Case Files for General Jurisdiction Cases 1855-1966
  • 123.3 District of Columbia Case Records 1880-87
  • 123.4 Departmental Jurisdiction Case Records 1883-1949
  • 123.5 Congressional Jurisdiction Case Records 1884-1952
  • 123.6 French Spoliation Case Records 1885-1908
  • 123.7 Indian Depredation Case Records 1891-1918
  • 123.8 Records of the Guion Miller Enrollment Of Eastern Cherokees
  • 123.9 Cartographic Records (General)

123.1 Administrative History

Established: By an act of February 24, 1855 (10 Stat. 612).

Functions: Heard claims against the United States brought directly by claimants under general provisions of law or on referral from Congress or Executive departments, including temporary jurisdiction in District of Columbia cases, French spoliation cases, and Indian depredation cases.

Abolished: Effective October 1, 1982, by the Federal Courts Improvement Act of 1982 (96 Stat. 25), April 2, 1982, establishing the United States Claims Court and the United States Court of Appeals for the Federal Circuit.

Successor Agencies: United States Claims Court (trial jurisdiction); United States Court of Appeals for the Federal Circuit (appellate jurisdiction).

Finding Aids: Gaiselle Kerner, comp. Preliminary Inventory of the Records of the United States Court of Claims. PI 58 (1953).

Related Records: Record copies of publications of the U.S. Court of Claims in RG 287, Publications of the U.S. Government.

123.2 Case Files for General Jurisdiction Cases
1855-1966

Textual Records: Case files for suits by claimants under general provisions of law, chiefly involving government contracts, war service, war property damage, losses incurred by disbursing officers, and the use and infringement of patent rights, 1855-1966.

Maps: Used by both claimant and defendant as exhibits in case No. 45585, Confederated Bands of the Ute Indians v. The United States. consisting of annotated aerial mosaics (photomaps), topographic quadrangle maps, and other maps concerning the Ute tribal lands, annotated base maps prepared by the Department of the Interior showing types of grazing, and negative photostats of Range Survey Computation Summaries, ca. 1940-47 (194 items).

123.3 District of Columbia Case Records
1880-87

Textual Records: Case files for claims entered pursuant to an act of June 16, 1880 (21 Stat. 284), giving the court jurisdiction over claims against the District of Columbia in areas of public works, property damage, and welfare services, 1880-87.

123.4 Departmental Jurisdiction Case Records
1883-1949

Textual Records: Case files for cases referred to the court by Executive agencies of the government in accordance with the Bowman and Tucker Acts of March 3, 1883, and March 3, 1887 (22 Stat. 485 and 24 Stat. 505), consisting of case files for general cases, 1883-1949, and for naval bounty cases, 1899-1903.

123.5 Congressional Jurisdiction Case Records
1884-1952

Textual Records: Case files, 1884-1952, for Civil War and other claims cases referred by the Congress under the Bowman and Tucker Acts and by authority of section 151 of the Judicial Code of March 3, 1911.

123.6 French Spoliation Case Records
1885-1908

Textual Records: Case files, 1885-1908, for claims cases entered pursuant to an act of January 20, 1885 (23 Stat. 283), authorizing payment for losses resulting from depredations committed by French warships and privateers upon American commerce, chiefly 1793-1801, including ship records and other supporting documents dated as early as 1783.

123.7 Indian Depredation Case Records
1891-1918

Textual Records: Case files, 1891-1918, for claims cases entered pursuant to acts of March 3, 1891 (26 Stat. 851) and January 11, 1915 (38 Stat. 791), authorizing payment for property taken or destroyed by Indians, including documents dated as early as 1812.

123.8 Records of the Guion Miller Enrollment Of Eastern Cherokees
1835-1920

History: United States Court of Claims acquired jurisdiction, pursuant to an act of July 1, 1902 (32 Stat. 726), over claims arising under treaty stipulations with the Cherokee tribe. Three suits were brought against the United States under the Treaty of New Echota (May 23, 1836) and the Treaty of Washington (Aug. 6, 1846): The Cherokee Nation v. The United States (general jurisdiction case 23199), The Eastern and Emigrant Cherokees v. The United States (general jurisdiction case 23212), and The Eastern Cherokees v. The United States (general jurisdiction case 23214). The court ruled in favor of the Eastern Cherokees, May 18, 1905, and directed the Secretary of the Interior to identify those persons eligible to share a special Congressional claims compensation appropriation of June 30, 1906. Guion Miller, first as a special agent of the Department of the Interior, and after April 29, 1907, as a special commissioner of the Court of Claims, compiled a roll of eligible persons, which he submitted with a report to the court on May 28, 1909. Miller submitted a supplemental roll and report, January 5, 1910, containing additional names. The rolls were approved by the court and payment authorized, March 15, 1910.

In compiling his lists, Miller utilized earlier rolls, including those prepared by Interior Department special agents Alfred Chapman, Eastern Cherokees, 1851; John Drennan, Western Cherokees, 1851; and Joseph G. Hester, Eastern Cherokees, 1884.

Textual Records: Case files, 1906-11. Eastern Cherokee applications, 1906-9, with index, n.d. Correspondence, 1906-11. Transcripts of testimony, 1908-9. Receipts for Treasury warrants, 1910-11. Guion Miller reports, 1909 and 1920. Roll of Eastern Cherokee (Miller), 1909. Supplemental roll (Miller), 1910. Hester roll, 1884, with index. Chapman and Drennan rolls, 1851, with consolidated index. Old Settler (Western Cherokee) roll, 1851. Index to census enrollment of Eastern Cherokees ( Eastern Cherokee Roll ), 1835.

Microfilm Publications: M1104.

Related Records: Cherokee treaty cases included among the case files described under 123.2.

123.9 Cartographic Records (General)

See Maps under 123.2.

Bibliographic note: Web version based on Guide to Federal Records in the National Archives of the United States. Compiled by Robert B. Matchette et al. Washington, DC: National Archives and Records Administration, 1995.
3 volumes, 2428 pages.

This Web version is updated from time to time to include records processed since 1995.