Advisory to the Pro Se Litigant #7: Choosing the Correct Defendant: Identify With Whom You Truly Dispute

It is important that when filing a lawsuit, you sue the proper person or entity, and you name him, her, or it correctly. For instance, let’s say you have a dispute with the managers of a store, and you believe that the dispute is one for which you have a reason to file a lawsuit. You must decide whether your dispute is with the manager personally, or really with the store the manager represents. If you sue the manager personally, you are trying to hold the manager personally financially liable for the harm caused you. If you sue the store itself, you are effectively claiming that the manager’s wrongdoing was of the type for which the store itself should be liable. Choosing the correct defendant is important. If you name a defendant which could not possibly be legally liable for the wrongdoing you claim, a court may dismiss (toss out) your lawsuit. Ultimately, a court could hold you financially liable to the Defendant for pursuing a lawsuit that you should have known was not appropriate. One related problem is the importance of suing the proper entity. This often arises when one is suing a government entity or large corporation. For instance, when interacting with various federal agencies, you may not be immediately aware that the entity you are interacting with is only an element of or subsidiary of a larger federal agency. For instance, the Department of the Navy is an aspect of the Department of Defense—and the Department of Defense is the proper defendant. (Note that when suing federal agencies, you are expected to name the Secretary of the Department in “his or her official capacity.”). Similarly, corporations often have trade names and division names with which you are more familiar than the name of the proper corporate entity with which you have a dispute. When suing a private entity, one resource is available, through which you can investigate the formal name of the entity with which you are in dispute. In Maryland, the State Department of Assessment and Taxation has an online resource (see http://sdatcert3.resiusa.org/ucc-charter/CharterSearch_f.asp) through which you can locate important charter information about corporate entities. It also provides information about the ownership of real property throughout the state. See http://sdatcert3.resiusa.org/rp_rewrite/.