TITLE 46 - SHIPPING
CHAPTER IV - FEDERAL MARITIME COMMISSION
SUBCHAPTER A - GENERAL AND ADMINISTRATIVE PROVISIONS
PART 502 - RULES OF PRACTICE AND PROCEDURE
subpart s - INFORMAL PROCEDURE FOR ADJUDICATION OF SMALL CLAIMS
Exhibit No. 1 to Subpart S [502.304(a)] of Part 502 - Small Claim Form for Informal Adjudication and Information Checklist
Federal Maritime Commission, Washington, DC.
Informal Docket No.___ ____________________ (Claimant) vs. ____________________ (Respondent) I. The claimant is [state in this paragraph whether claimant is an association, corporation, firm or partnership, and if a firm or partnership, the names of the individuals composing the same. State the nature and principal place of business.] II. The respondent named above is [state in this paragraph whether respondent is an association, corporation, firm or partnership, and if a firm or partnership, the names of the individuals composing the same.
State the nature and principal place of business.] III. That [state in this and subsequent paragraphs to be lettered A, B, etc., the matters that gave rise to the claim. Name specifically each rate, charge, classification, regulation or practice which is challenged. Refer to tariffs, tariff items or rules, or agreement numbers, if known. If claim is based on the fact that a firm is a common carrier, state where it is engaged in transportation by water and which statute(s) it is subject to under the jurisdiction of the Federal Maritime Commission].
IV. If claim is for overcharges, state commodity, weight and cube, origin, destination, bill of lading description, bill of lading number and date, rate and/or charges assessed, date of delivery, date of payment, by whom paid, rate or charge claimed to be correct and amount claimed as overcharges. [Specify tariff item for rate or charge claimed to be proper].
V. State section of statute claimed to have been violated. (Not required if claim is for overcharges).
VI. State how claimant was injured and amount of damages requested.
VII. The undersigned authorizes the Settlement Officer to determine the above-stated claim pursuant to the informal procedure outlined in subpart S (46 CFR 502.301502.305) of the Commission's informal procedure for adjudication of small claims subject to discretionary Commission review.
Attach memorandum or brief in support of claim. Also attach bill of lading, copies of correspondence or other documents in support of claim.
____________________ (Date) ____________________ (Claimant's signature) ____________________ (Claimant's address) ____________________ (Signature of agent or attorney) ____________________ (Agent's or attorney's address) Verification State of ___, County of ___, ss: ___, being first duly sworn on oath deposes and says that he or she is ____________________ The claimant [or if a firm, association, or corporation, state the capacity of the affiant] and is the person who signed the foregoing claim, that he or she has read the foregoing and that the facts set forth without qualification are true and that the facts stated therein upon information received from others, affiant believes to be true.
____________________ Subscribed and sworn to before me, a notary public in and for the State of ___, County of ___, this __ day of ___ 19. (Seal) ____________________ (Notary Public) My Commission expires, ____________________ Information To Assist in Filing Informal Complaints Informal Docket procedures are limited to claims of $10,000 or less and are appropriate only in instances when an evidentiary hearing on disputed facts is not necessary. Where, however, a respondent elects not to consent to the informal procedures [See Exhibit No. 2 to subpart S], the claim will be adjudicated by an administrative law judge under subpart T of Part 502.
Under the Shipping Act of 1984 [for foreign commerce], the claim must be filed within three (3) years from the time the cause of action accrues and may be brought against any person alleged to have violated the 1984 Act to the injury of claimant.
A violation of a specific section of a particular shipping statute must be alleged.
The format of Exhibit No. 1 must be followed and a verification must be included. (See 502.21502.32, 502.112, and 502.304.) An original and two (2) copies of the claim and all attachments, including a brief in support of the claim, must be submitted.
[49 FR 44369, Nov. 6, 1984; 49 FR 47394, Dec. 4, 1984, as amended at 55 FR 28400, July 11, 1990; 64 FR 7812, Feb. 17, 1999]