Suing State Department for Breech of Contract

[kramden88]

What is the name of your state (only U.S. law)? NJ

I applied for a certification with the NJ Department of Education and paid the application fee. Before my certificate was issued, the DoEd changed its rules and expired my application fee without notifying me. I was forced to reapply and repay the fee. Can I sue them in Small Claims Court or am I wasting my time?

 

[quincy]

What is the name of your state (only U.S. law)? NJ

I applied for a certification with the NJ Department of Education and paid the application fee. Before my certificate was issued, the DoEd changed its rules and expired my application fee without notifying me. I was forced to reapply and repay the fee. Can I sue them in Small Claims Court or am I wasting my time?

Your original application fee was refunded, correct? You learned you needed to reapply due to rule changes, right?

I see no legal action for you to pursue.

Suing the Department that holds your future certificate stands to be counterproductive.

 

[Zigner]

Your original application fee was refunded, correct?

I believe the OP is trying to tell him that his original application fee was neither refunded, nor applied to the new application.

 

[kramden88]

I believe the OP is trying to tell him that his original application fee was neither refunded, nor applied to the new application.

This is correct, I had to pay the application fee twice because they changed the rules.

 

[quincy]

This is correct, I had to pay the application fee twice because they changed the rules.

Ah. In that case, demand a refund.

How much was the application fee?

 

[Zigner]

How long ago did you pay the application fee?

 

[kramden88]

How long ago did you pay the application fee?

I paid the application fee in May 2016 but the process can take the better part of a year, which it did in my case. They changed their rules during that time, they canceled my application, I demanded that my fee be applied to my new application in May 2017, they refused.

 

[quincy]

I paid the application fee in May 2016 but the process can take the better part of a year, which it did in my case. They changed their rules during that time, they canceled my application, I demanded that my fee be applied to my new application in May 2017, they refused.

How much was the application fee and what were the reasons given for their refusal to apply your first application fee to the second application, the second application necessitated by their rule changes?

 

[kramden88]

How much was the application fee and what were the reasons given for their refusal to apply your first application fee to the second application, the second application necessitated by their rule changes?

The application was $100. The exact reason given was that auditors came in at some point and determined that the department wasn't keeping proper track of who paid applications so they cancelled any applications older than six months. The new rule is that application fees expire after six months but it wasn't the case when I applied and I wasn't informed when this happened.

 

[quincy]

If the application fee was more than $100, I could (possibly) see a good reason for arguing its return. I am not sure the refund of $100 is worth the greater costs you will expend in recovering it.

 

[kramden88]

It's worth it to me as a matter of principal if I have a good chance of winning the case. I just don't know if this is one of those situations where the state can't be held liable.
I also suspect that there are a number of other people who had this happen to.

 

[xylene]

1. NJ is like one of the most corrupt states.

2. It's a 100 dollars. Let it go.

3. Further, I strongly suspect that in your application packet there was some lame weak sauce catch all clause indemnifying them and shafting you in the event of an 'error' or issue caught by auditors.

4. You do want you current application processed successfully, without undue pain?

 

[Taxing Matters]

What is the name of your state (only U.S. law)? NJ

I applied for a certification with the NJ Department of Education and paid the application fee. Before my certificate was issued, the DoEd changed its rules and expired my application fee without notifying me. I was forced to reapply and repay the fee. Can I sue them in Small Claims Court or am I wasting my time?

If you present the case as a breach of contract, you have to first comply with the NJ Contractual Liability Act provision that requires you to provide written notice of you claim to the agency within 90 days from the date the claim accrued. In your notice you must provide the following information: “ the name of the claimant, the nature of the claim, specific reasons for making the claim, and the total dollar amount of the claim if known.” N.J. Stat. Ann. § 59:13-5. You may then sue the state 90 days after you provide this notice in any court of competent jurisdiction. Id. There is also a similar 90 day notice provision for tort claims against the state, too. So it is probably necessary to provide that sort of notice to the state agency within 90 days of the accrual of your claim no matter how you frame the claim. Small claims actions are done under small claims section in Superior court. I don’t see anything that specifically bars bringing your claim in small claims after you comply with the notice requirement, but there is the possibility that I missed something so I cannot guarantee that.

 

[kramden88]

If you present the case as a breach of contract, you have to first comply with the NJ Contractual Liability Act provision that requires you to provide written notice of you claim to the agency within 90 days from the date the claim accrued. In your notice you must provide the following information: “ the name of the claimant, the nature of the claim, specific reasons for making the claim, and the total dollar amount of the claim if known.” N.J. Stat. Ann. § 59:13-5. You may then sue the state 90 days after you provide this notice in any court of competent jurisdiction. Id. There is also a similar 90 day notice provision for tort claims against the state, too. So it is probably necessary to provide that sort of notice to the state agency within 90 days of the accrual of your claim no matter how you frame the claim. Small claims actions are done under small claims section in Superior court. I don’t see anything that specifically bars bringing your claim in small claims after you comply with the notice requirement, but there is the possibility that I missed something so I cannot guarantee that.

Extremely helpful, thank you. Since they already issued the certification, I will pursue this route and see what happens. They'll probably still refuse but they'll know that I'm serious and it'll give them a chance to avoid Small Claims Court.