Kansas Complaint for Malicious Prosecution Involving Filing a False Police Report

State:
Multi-State
Control #:
US-02262BG
Format:
Word; 
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Instant download

Description

The elements of a cause of action for malicious prosecution include the following: (1) the commencement or continuation of an original judicial action or proceeding, either civil or criminal, by, or at the instance of, the defendant, (2) malice in the commencement of such action or proceedings, (3) lack of probable cause for commencing the action or proceeding (4) termination of the original action or proceeding in favor of the defendant in that action or proceeding (plaintiff in the malicious prosecution action), and (5) injury or damage sustained as a result of the original action or proceeding.

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Statutes of Limitations in Kansas Code SectionKansas Statutes Annotated § 60-501 et seq.: Limitations of ActionsInjury to Personal PropertyTwo years (K.S.A. § 60-513(a)(2))Professional MalpracticeTwo years from reasonable discovery, four years maximum (K.S.A. § 60-513(a)(7))TrespassTwo years (K.S.A. § 60-513(a)(1))7 more rows

Go to the Clerk of the District Court office in the County where the defendant resides. Have with you the name and address of the person being sued. The Clerk will provide you with a small claims filing packet. You may fill out the petition in the office or take it home to complete.

In small claims court, you can sue someone or be sued by someone, and you present your side of the case yourself. You cannot be represented by a lawyer unless the other party is a lawyer.

There are two different filing fees required to file or begin a proceeding in small claims court: The filing fee for a claim of up to and including $500.00 is $47.50. The filing fee for filing a claim from $500.01 to $4000.00 is $67.50.

The most common means of collecting a judgment: A garnishment is an order of the court directing a garnishee (one who owes money to the debtor, such as an employer or banking institution) to pay all or part of the money into the court. If the garnishment is not contested, the money will be applied to the judgment.

THE KANSAS CONSUMER PROTECTION ACT PROHIBITS MISLEADING, DECEPTIVE, AND UNCONSCIONABLE TRADE PRACTICES. THIS SUMMARY OF THE LAW'S PROVISIONS EXPLAINS PRACTICES WHICH ARE ILLEGAL AND TELLS CONSUMERS HOW TO OBTAIN REDRESS.

Clerk's Office Fees FILING FEE for any civil action, suit or proceeding$402.00CERTIFICATE OF GOOD STANDING$20.00NOTICE OF APPEAL$505.00APPEAL TO A DISTRICT COURT JUDGE FROM A JUDGMENT OF CONVICTION BY A U.S. MAGISTRATE JUDGE IN A MISDEMEANOR CASE$39.00MOTION TO QUASH GRAND JURY OR FOREIGN DEPOSITION SUBPOENA$49.0022 more rows

Under Kansas law, a claim of malicious prosecution requires the following elements: 1) defendant initiated, continued or procured to civil or criminal proceedings against the plaintiff; 2) in so doing, the defendant acted without probable cause; 3) defendant acted with malice; 4) the proceeding terminated in favor of ...

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Kansas Complaint for Malicious Prosecution Involving Filing a False Police Report