Kansas Complaint for malicious prosecution

State:
Multi-State
Control #:
US-01627
Format:
Word; 
Rich Text
Instant download

Description

This is a sample Complaint against a defendant for false arrest, malicious prosecution, trespassing, slander, libel and intentional infliction of emotional distress. Adapt to fit your circumstances, including compliance with your state's procedural rules.
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FAQ

For personal injury claims, the period is generally two years in Kansas but can vary from one to eight years, depending on the nature of the case. The key factors involved are the age of the injured party, the kind of claim brought and the nature of the party you are attempting to hold liable for damages.

Malicious prosecution occurs when someone sues you or brings criminal charges against you without probable cause and with harmful intent. Examples could include someone providing false evidence to the police that you committed a crime or someone suing you for hurting them even if you never caused them harm.

Statutes of limitations in the Sunflower State can vary from one to five years, depending on what type of case you have. In most cases, the statutory ?clock" will begin ticking on either the date of the incident or the date you discover the harm.

Statutes of Limitations in Kansas Code SectionKansas Statutes Annotated § 60-501 et seq.: Limitations of ActionsInjury to PersonTwo years (K.S.A. § 60-513(a)(4) and (5))Libel/SlanderOne year (K.S.A. § 60-514(a))FraudTwo years (K.S.A. § 60-513(a)(3)), which does not begin accruing until the fraud is discovered7 more rows

For crimes not specifically listed in the statute, a general statute of limitations of five years applies for all crimes (felonies, misdemeanors, and infractions).

(1) A prosecution for murder may be commenced at any time. (2) Except as otherwise provided in this statute, prosecutions for other crimes must be commenced within five years after it is committed.

Judgments Last Five Years in Kansas This means that unless the judgment is renewed by the courts, after five years, it will cease to operate as a lien against the defendant's estate. In other words, the defendant is no longer responsible for paying off any amount remaining on the judgment.

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Kansas Complaint for malicious prosecution