Legal Question in Civil Litigation in Maryland
Suing a state university
I would like to sue a state university (in Maryland) in small claims court for monies owed to me. Do I first have to make a claim with a state agency, and have it rejected, before I can sue? In suing, do I have to name the director of the office that owes me the money? Thanks in advance for your comments.
1 Answer from Attorneys
Re: Suing a state university
You didn't specify the nature of your claim, that is, whether it is based on a debt incurred, nonpayment of wages,.damage to your property, or what. The rules are different.
Your claim is really against the State of Maryland, since it operates state universities. The state has sovereign immunity, but laws require it to waive this if certain procedures are followed. You have 1 year from the date your claim came into existence to file a suit based on moneys owed from a contract. Courts have held that if the contract isn't in writing, the state can claim its sovereign immunity, which is a doctrine that means the state can't be sued by its citizens. You can just name the State as a defendant.
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