Questions Regarding Abuse Of Process

If one party starts criminal proceedings against another person without any probable

cause and with a wrong intention, it may be called abuse of process. The legal name for this is tort. Answered below are some commonly asked questions about abuse of process:

What is required to file a claim for abuse of process?

There are two requirements that may be fulfilled before filing a claim for abuse of process. The first requirement is that some wrong action should be taken against the person making the claim. The second requirement is that some purpose for this action should be there.

How different are malicious prosecution and abuse of process from each other?

Malicious prosecution occurs when civil or criminal proceedings are started against a person without probable cause. Abuse of Process occurs when the legal process is wrong and is used for an illegal purpose. The charges made against the person in abuse of process should be dismissed and he/she should be exonerated.

Will it be possible for a resident of Illinois to file a complaint for abuse of process if the abuse occurred in a different state?

In most situations, a complaint for abuse of process is filed in the same state where the abuse occurred. The state of Illinois may be a completely different jurisdiction and hence it may not have any legal right over any abuse that took place in a different state. The person may be able to file a claim in Illinois if the case is shifted to the state by change of venue.

What is the statute of limitations to file a claim for abuse of process in Maryland?

According to Section 5-101 of the Maryland Code, the statute of limitations to file a complaint for abuse of process is 3 years. However, the statue claims that the 3 years time period applies to any claim that is not covered by different time frames that are given in other parts of the chapter. Hence, it may be better to hire an attorney who can understand the specifics of the case and see if any other statute applies.

A former employer makes a false complaint against a person stating that he/she was stealing company secrets. The case, however, gets dismissed. Would such a situation be considered an abuse of process, a perjury or defamation? What action can the person take in such a scenario?

It may be difficult to file a claim for abuse of process in the above mentioned situation. The individual may have to give proof that the ex employer knew that the charges were baseless and that they were made to intimidate the person. The person may not have a legal right to file a claim simply because the case was dismissed.

Perjury may also not apply to this situation unless a false statement was made by the employer under oath. It may not be possible to personally sue for perjury as the claim made by the employer is not a private claim.

The individual may sue the ex-employer for defamation if he/she is able to prove that the allegations were made to affect the individuals reputation. He/she may also have to provide proof of the damages and inconvenience that he/she may have suffered due to the complaint.

Abuse of process is a complicated legal subject and may not be easy to understand. One may ask a lawyer if one has any doubts or questions about abuse of process.

by: MeghanJones

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