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If you are suing the State for damages from an alleged tort, you must first file a Tort Claim Notice within 90 days of the accrual of the claim. The 90 period may be extended for special circumstances. You may not file the lawsuit until six months after the State has received the notice of claim. The State will use that time to investigate matters and try to arrive at an administrative disposition rather than going into court immediately. If there is no agreement after the six months, then you can file suit in the Superior Court of New Jersey. If you are suing on a contract claim, you must also file a notice of claim within 90 days of accrual of the action. In a contract claim, if there is no administrative settlement, you can sue the state after 90 of filing the written notice of claim (as opposed to the 6 month period for a tort claim).
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