--- name: class-action-claim-form title: Class Action Claim Form description: Drafts official class action claim forms balancing plain-language accessibility with FRCP 23 enforceability. Trigger when creating settlement claim forms, proof-of-claim documents, or class member claim submissions. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/class-action-claim-form license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: litigation language: en tags: [drafting, pleading] --- # Class Action Claim Form Draft an enforceable claim form enabling lay claimants to submit settlement claims while satisfying FRCP 23, court orders, and the settlement agreement. ## Prerequisites Gather before drafting: 1. **Settlement agreement** — approved or pending, with class definition, claim categories, compensation structure 2. **Court orders** — preliminary/final approval with any form-specific requirements 3. **Class definition** — precise membership criteria (dates, transactions, geography) 4. **Administrator details** — name, address, email, phone, website 5. **Release scope** — released parties, released claims, statutory waiver requirements ## Quick Start 1. Confirm jurisdiction (FRCP 23 vs. state equivalent) and adapt statutory language accordingly 2. Draft each section below in order 3. Write at 8th-grade reading level — short sentences, active voice, defined terms 4. Do not simplify release or certification language to the point of unenforceability 5. Run the checks in Pitfalls before finalizing ## Form Sections ### 1. Header & Case Identification - Title: "OFFICIAL CLAIM FORM" — bold, prominent - Full case caption, court name, docket number - Administrator contact (mail, email, phone, website) - **Deadline**: bold, specific date/time with timezone; state postmark vs. receipt rule - Intro paragraph: plain-language eligibility summary, reference to settlement agreement date and approval order ### 2. Claimant Information Structured fields: - Full legal name (as during class period), current name if different - Current address, email, phone, alternative contact - **Class-specific identifiers**: purchase dates, account numbers, employment periods — explain why each is needed - **Special claimants** (if applicable): deceased (executor + authority docs), minors/incapacitated (guardian + docs), entities (name + authorized rep) - Privacy disclosure: how personal information will be used and protected ### 3. Claim Details & Documentation Per claim category from the settlement: - Checkbox, category description, applicable date range - Fields for amount/damages, reference number, description of harm Documentation tiers: | Claim Amount | Required | Acceptable Forms | |---|---|---| | Under threshold | Declaration only | N/A | | Above threshold | Submit with form | Receipts, statements, contracts, correspondence | Specify copies acceptable (not originals). Include false-information warning (claim denial, civil penalties, criminal prosecution). ### 4. Certification & Release **Certification** — under penalty of perjury, claimant affirms: - Information is true, accurate, and complete - Claimant meets the class definition - Claims not previously released; no prior compensation received - Bound by settlement terms and court orders **Release** (separate section, own acknowledgment checkbox): - List all released parties (defendants, affiliates, officers, directors, agents, successors) - Describe released claims — enforceable specificity, lay-reader clarity - Include statutory waiver for unknown claims where applicable (e.g., Cal. Civ. Code § 1542 — verify jurisdiction) - State consequences: bound by settlement/judgment, waive separate suit, bound by appeals ### 5. Signature Block - Signature line, date, printed name - Title/relationship field for representatives - Note electronic signatures acceptable if e-filing permitted - Representatives must state authority and relationship ### 6. Submission Instructions | Method | Details | |---|---| | Mail | Full address; postmark by deadline | | Email | Address; received by deadline with timezone | | Online | URL; uploaded by deadline with timezone | Include: receipt confirmation process, what to do if no confirmation within stated business days, post-submission timeline (review, notification, challenge process). Remind claimant: **retain copies of form and all supporting documentation**. ## Pitfalls & Checks - **Required disclaimers**: (1) submission does not guarantee payment; (2) settlement subject to court approval; (3) attorney fees/costs deducted as applicable - **Accessibility**: screen-reader compatible; note if translations required for the class - **Page formatting**: number all pages; case name/number in header/footer; if >2 pages, add first-page checklist - **No legal advice**: form must not constitute or appear to constitute legal advice - **Jurisdiction**: confirm FRCP 23 vs. state equivalent; adapt waiver language to all applicable jurisdictions