The PACA law is generally enforced either in a proceedings before the PACA branch of the USDA or in the United States District Courts. (The law does allow someone to seek a remedy in state courts, but in our experience very few buyers or sellers bring claims in state courts. Many state court judges are unfamiliar with PACA and its protections, for this reason we strongly suggest that our clients file their PACA court actions solely in federal courts and not in state courts.)
In the informal complaint, the party which makes the claim (the “complainant”) generally describes the problem it has with the other party to a produce transaction (the “respondent”) and describes why it believes that the other respondent’s conduct was improper under PACA. A sample informal complaint is found on the USDA PACA web page. The form found at this address is a fillable, online form that is easy to complete and print.
The complainant should attach any invoices, order confirmations, purchase orders and any other correspondence or contracts related to the transactions which are the subject of the informal complaint. The USDA PACA branch charges a fee of $100 for the filing of an informal complaint and the fee must be sent along with the informal complaint. The USDA accepts checks, VISA and Master Card.
Free Initial Consultation with PACA Lawyer
If you need help with PACA, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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