Baldwin & Briscoe P.C.
301-862-4400
22335 Exploration Drive Ste. 2030
Lexington Park, MD 20653
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Malicious Use of Process

 

While similar to Abuse of Process and Malicious Prosecution, the tort of Malicious Use of Process is a remedy when a person wrongfully uses civil process without a proper basis. 

 

In a complaint for malicious use of process, the plaintiff must plead and prove the following elements:

 

-  A prior civil proceeding was instituted by the defendant.

-  The proceeding was instituted without probable cause.

-  The proceeding was instituted with malice.

-  The proceeding was terminated in favor of the plaintiff; and

-  Damages were inflicted upon the plaintiff by arrest or imprisonment, seizure of property, or other special injury, which would not necessarily result in all suits prosecuted to recover for like causes of action.

 

The plaintiff must prove that the prior legal proceedings were terminated in his favor.  Also, the plaintiff must show that the defendant did not have any reasonable grounds on which to proceed with the civil action

 

The plaintiff must prove that the defendant acted with malice; that is with an improper motive.  Proof does not require evidence of spite, hatred, personal enmity, or the desire for revenge  . 

 

The plaintiff must show prove damages.  Damages occur when the plaintiff is arrested, his property is seized, or some other type of injury is incurred. 

 

In a lawsuit for Malicious Use of Process, a plaintiff can recover both compensatory and punitive damages.

 

The information contained on this page is provided as general information and does not constitute legal advice.  The experienced attorneys at Baldwin & Briscoe, P.C. can assist you if you have, or believe you may have, a claim for malicious use of process.  We’d be happy to sit down with you and review your situation and provide appropriate advice.  Call today for a no-obligation consultation.  There is no consultation fee for cases involving personal injury.

 

 

The Law Offices of Baldwin & Briscoe, P.C. also offers these services:

Bankruptcy and ForeclosureBusiness LawCivil LitigationCriminal DefenseEmployment, Disability, and Consumer RightsFamily LawGovernment Contracts LawIntellectual Property, Personal InjuryReal Estate, Social Security Disability & Workers’ Compensation and Wills, Trusts, & Estates

 

 

Contact Us

The Law Offices of Baldwin, Briscoe & Steinmetz, P.C.

22335 Exploration Drive

Suite 2030

Lexington Park, MD 20653

301-862-4400 Phone

301-862-3009 Fax

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Our Attorneys

Samuel C.P. Baldwin, Jr., Esq.

Janice Briscoe, Esq.

Richard J. Steinmetz Jr., Esq.

David J. Hebb, Esq.

Sandra Kaufman Jonasen, Esq.


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With an office conveniently located in Lexington Park, The Law Offices of Baldwin, Briscoe & Stienmetz, P.C. serves clients in the counties and cities of Lexington Park, Leonardtown, Hollywood, Mechanicsville, Loveville, Helen, Breton Bay, Chaptico, Charlotte Hall, Golden Beach, Avenue, La Plata, Waldorf, Newburg, Port Tobacco, Port Charles, Solomons Island, Prince Frederick, Chesapeake Shores, Hughesville, Benedict, Nanjemoy, Lusby, Port Republic, St. Mary's County, Charles County, Calvert County, Prince George's County, Southern Maryland.


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