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Questions about Abuse of Process

Abuse of process happens when one party institutes criminal proceedings against another party which is malicious in intent and without probable cause. This is often referred to by the legal name “Tort”. Below are some of the most commonly asked questions about abuse of that have been answered by Experts.

What is the necessary elements for filing a claim for abuse of process?

There are two main criteria that must be met for making a claim for abuse of process damages. The first is that some action was taken against the claimant which was not proper in the course of regular prosecution of action taken against him/her. The second is that an ulterior purpose or motive for such action must exist.

What is the difference between Malicious Prosecution and Abuse of Process?

Malicious Prosecution is deemed to have occurred when civil or criminal proceedings have been initiated without probable cause. Abuse of Process takes place when the legal process itself is perverted and used for illegal or malicious purposes. In the case of Abuse of Process the charges levied against the claimant should have been dismissed and he should stand exonerated. Malicious Prosecution and Abuse of Process are similar in nature and obtaining legal advice in regard to the right course of action is recommended.

Can a resident of Illinois file an abuse of process complaint if the abuse of process occurred in a different state

An abuse of process claim is normally filed in the state where the abuse occurred. Illinois is a separate jurisdiction and will not have a legal relationship with the abuse that occurred in another state. A claim can be filed in Illinois if the case has been transferred to that state via a change of venue.

What is the time limit for filing an abuse of process claim in Maryland?

Maryland Code, Section 5-101 states that the statute of limitations, the time within which a claim for abuse of process must be filed, is three years. Since this statue says the three years limitations applies to all claims that are not covered by different time frames provided in other parts of the chapter, it must be read in conjunction with other statutes. It may be advisable to contact a lawyer to discuss the specifics of your case to see if other statues may be applicable.

My former employer made a fabricated police complaint against me because they thought I was stealing company secrets. The case was dismissed. I want to take action against them. Is this a case of abuse of process or perjury or defamation? What course of action would be best?

An abuse of process claim will be difficult in these circumstances. You will be required to provide proof that this is a case of malicious abuse of process and that motive behind it was to abuse and intimidate you and your former employer knew it was a baseless charge. The fact that the case was dismissed does not automatically give you the legal right to file a claim.

Unless a false statement was made under oath, perjury will not apply. Additionally since it is not a private claim, personally suing for perjury may not be tenable.

Civil recourse by means of suing for defamation may be the best option for you if you can prove that false and malicious remarks were made about you so as to damage your reputation and demean you. For the court to take cognizance of your claim you will need to provide proof of the hurt you have suffered and the damage you have sustained.

It may be best to contact a lawyer specializing in these matters to examine the validity of your claim and the chances of a successful outcome to any action you may take.

Abuse of process is a complex legal matter. It is advisable to contact a lawyer or Expert that specializes in this aspect of the law to assess the details of your case and provide you with an Expert opinion on if you have suffered from abuse of process and the viability of taking legal action for redress.
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Recent Abuse of Process Questions

  • I am 71 lawyer who has been off for heart problems since I

    I am 71 lawyer who has been off for heart problems since I was 57. I had a couple of old Cadillac's I let a dealer put on his small lot in hopes of attracting more people onto the lots. I had nothing to do, so I hung out there 4 or so hours. He hired some guy around 50 to install stereos by the piece.His doctor thought guy might have prostrate cancer, but could not afford a diagnostic MRI and to return when he had saved the money. I decided to go to Reno and Vegas and on way over though how horrible not knowing would be, so I called another Lawyer, told him to frotnt the money and I'd pay him when I got home, . He did, I did and Paul had cancer. The doctor operated and told Paul I had saved his life- he would have died if the MRI was taken even even a week later. I learned that Paul had reverted to drugs and was not working at all. of course he was in denial. I was stuck with his expenses. He could make professional guitars and proposed making 10 guitars settle his debt. I never got a dime so I sued he and his girl friend and he went catatonic He was selling my cars, tools etc and when her job was reinstated I was going to garnish. I gave her a reasonable settlement She filed banko and I hired a lawyer. I let lawyer settle it with her for pennies. She was also supposed to deliever on of his guitars wh ich never happended. I moved for delclarative relief and her attorney has stalled if for a year. He is a young guy and doesn't know anything. Take my word that not a single thing he filed was ever based on any thiing but her lies. I am represented by qualiifed but they just beat him on each. Is there some way to object their pleadings and make court shut down and dismissed for failure to state a claim/breach of ethics abuse of process, poisoning their lemon aid or something. this has been going on for 4 years! IT IS THE WORST OUTRAGE i HAVE EVER SEEN. E etc ;
  • Ok I am in court for a sentencing as have been found guilty

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  • I am in a terrible situation. My attorney is suing me for quantum

    I am in a terrible situation. My attorney is suing me for quantum meruit and breach of contract and I am suing him back for breach of fiduciary duty, fraud, fraudulent inducement and fraudulent misrepresentaton. Attorney "represented" a case that was already time-barred for three months when he took it on. The case was dismissed with prejudice and now he is suing me for almost $100,000 in purported attorneys fees. The attorney appears to be in cohoots with the court justices and has written a letter to the judge that she not read my voluminous reply in opposition to default judgement and summary judgment when making a decision on his cause of action against me I believe because of my ethnicity and religion. I would like to file criminal charges against the attorney for perjury, collusion, hate crime, obstruction, malicious abuse of process grand larceny, violation of the Hobbs Act as well. These cases which are being handled in an IAS Part were formerly handled by one common justice Ba who denied a motion to consolidate these cases and cases were "transferred" or they have now been passed to justice Ma and finally to justice Mo who consistently denies my motions for procedural defects. The attorney now wants to drop the case against me, on the condition that I drop my case against him without paying me back that money he stole from me for misrepresenting my Federal cause of action. I believe these individuals are operating as a RICO and I would like to have justice Mo recused from these cases and the cases held in abeyance until I can file a criminal charge against my former attorney and any accomplices. I am a pro se plaintiff and defendant. My questions are: How do I request a recusal? What are the statutes associated with the causes of action presented in this writing? How do I request an abeyance in state Supreme Court?
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