|Filing A Claim
Instructions for Filing a Claim Against the
Milwaukee Metropolitan Sewerage District
To file a claim against the MMSD, a claimant must comply with Wisconsin Statute Section 893.80(1), the text of which is below. Generally, that statute requires the claimant to serve on the MMSD Commission Secretary a document stating the circumstances of the claim. The document must be signed by the claimant or his or her agent or attorney and must be served on the Commission Secretary within 120 days of the event giving rise to the claim.
Either thereafter or at the same time the notice is submitted, the claimant must also present to the Commission Secretary a claim document stating the address of the claimant and a statement of the relief sought. If money damages are sought, a specific sum must be stated.
Submitting the following additional information may allow the MMSD to act on your claim more promptly:
1. Proof of the amount of the claim by means of either itemized receipts or two itemized estimates.
2. A phone number at which the claimant can be reached during business hours.
3. As detailed a description of the incident as possible, including the date, time and location.
Filing a claim against the MMSD does not guarantee reimbursement. To obtain reimbursement from the MMSD, you must prove that the MMSD or its employees acted unlawfully or negligently.
Only the Director of Legal Services or the Commission can authorize payment of a claim against the MMSD. Any representations regarding reimbursement made by any other MMSD employee are not legally binding on the MMSD.
All information should be submitted to:
Wisconsin Statute Section 893.80. Claims against governmental bodies or officers, agents or employees; notice of injury; limitation of damages and suits
(1) Except as provided in subs. (1g), (1m), (1p) and (8), no action may be brought or maintained against any volunteer fire company organized under ch. 213, political corporation, governmental subdivision or agency thereof nor against any officer, official, agent or employee of the corporation, subdivision or agency for acts done in their official capacity or in the course of their agency or employment upon a claim or cause of action unless:
(a) Within 120 days after the happening of the event giving rise to the claim, written notice of the circumstances of the claim signed by the party, agent or attorney is served on the volunteer fire company, political corporation, governmental subdivision or agency and on the officer, official, agent or employee under s. 801.11. Failure to give the requisite notice shall not bar action on the claim if the fire company, corporation, subdivision or agency had actual notice of the claim and the claimant shows to the satisfaction of the court that the delay or failure to give the requisite notice has not been prejudicial to the defendant fire company, corporation, subdivision or agency or to the defendant officer, official, agent or employee; and
(b) A claim containing the address of the claimant and an itemized statement of the relief sought is presented to the appropriate clerk or person who performs the duties of a clerk or secretary for the defendant fire company, corporation, subdivision or agency and the claim is disallowed.