Terms Used In 5 Guam Code Ann. § 6201

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Contract: A legal written agreement that becomes binding when signed.
  • Executor: A male person named in a will to carry out the decedent
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
All claims shall be filed in duplicate with the Claims Officers responsible for the department or agency against which the claim is made. Each claim shall contain the following information:

(a) The complete name and address of the claimant. If the claimant should change his address, or retain an attorney to whom all notices should be sent after filing the claim, he shall file an amendment to the claim, so stating the changes. If no amendment is filed, all notices sent to the address stated in the claim shall be deemed properly sent and served. Notice, if sent by mail, shall be return receipt, certified or registered mail.

(b) The amount of damage or other relief claimed.

(c) A concise statement of the facts upon which the claim is made, including the time, place and other circumstances and the department or agency or fund of the government of Guam that is concerned.

(d) A copy of any contract or other instrument in writing upon which the claim is based.

(e) A statement of whether or not the claimant has received any payment on account of such claim, and if so, the amount received.

(f) A statement whether or not any third person has any interest in the claim, and if so, the name and address of such person having such interest and the nature of such interest.

(g) If the claimant is an executor, administrator, guardian, or other representative appointed by a judicial tribunal, a duly certified copy of the record of appointment.

(h) A statement as to whether or not the claimant has any insurance covering the damage alleged to have been suffered by him or her, and of any payments, if any, he or she has received from such insurance carrier.

SOURCE: GC § 6500.03. Added by P.L. 17-029:1 (Nov. 9, 1983) as § 6500.10. Codified as 5 Guam Code Ann. § 6201. Amended by P.L. 27-142:2.

COMMENT: With the aim of separating the claims of autonomous agencies from those of line agencies, and from the Claims Fund, this section requires that claims filed be filed with the Claims Officer of the agency against whom the claim is made. This separates the filing of claims against autonomous agencies from the Attorney General, who is responsible for all line agencies and is their Claims Officer. From the time of the claim is filed with the autonomous agency until its settlement, only the autonomous agency will be involved, unless, of course, the government of Guam is also a party.