MALICIOUS PROSECUTION

[Prosay]

Have you received a dunning letter from an Attorney,JDB or CA REGARDING AN ALLEDGED DEBT ?

Was the Letter signed in INK by anyone ?

Did the letter include any documents or just a general statement indicating the amount owed ?

If the letter was not signed, there is a good possibility the matter HAS NOT BEEN subjected to a THOROUGH AND MEANINGFUL REVIEW by the opposition prior to sending the letter to you.

IF NOTHING MORE THAN A GENERAL STATEMENT OF THE AMOUNT CLAIMED OWED HAS NOT BEEN INCLUDED, This is also an indication that NO REVIEW HAS BEEN CONDUCTED prior to sending the letter, and the information has been pulled from a computer screen and based on "what someone else said or did" . This action would therefore constitute "REGURGITATION", HEARSAY, AND LACK OF STANDING"...and most definitely " without personal and first hand knowledge of the account in question"

OR IF HAVE BEEN SUED and can prove "without foundation" and show that "no

claim for which relief should be granted" has been proven....then:

NOW COMES " MALICIOUS PROSECUTION"...

" If a law enforcement or judicial official ventures outside the bounds of official duties to instigate or continue a malicious prosecution, the official may be vulnerable to a malicious prosecution suit. For example, a prosecutor who solicits fabricated testimony to present to a grand jury may be sued for malicious prosecution. The prosecutor would receive only limited immunity in this instance because the solicitation of evidence is an administrative function, not a prosecutorial function (Buckley v. Fitzsimmons, 509 U.S. 259, 113 S. Ct. 2606, 125 L. Ed. 2d 209 [1993]).

PERHAPS PLAINTIFF'S ATTORNEY IS LIABLE, if he/she either solicited or prosecuted based on a false affidavit

Private parties may also at times enjoy immunity from actions for malicious prosecution. For example, ***a person who complains to a disciplinary committee about an attorney may be immune***. This general rule is followed by courts to avoid discouraging the reporting of complaints against attorneys.

Ensure your facts, then if appropriate, file a complaint AGAINST THE ATTORNEY for "MALICIOUS PROSECUTION" with the BAR ASSOCIATION and STATE ATTORNEY GENERAL in your state.

BUT...google" MALICIOUS PROSECUTION' FOR A CLEAR EXPLANATION ON HOW AND WHEN TO PROCEED.

Also, google your state code for "MALICIOUS PROSECUTION" BEFORE FILING CHARGES.

It is my understanding, that a charge of 'MALICIOUS PROSECUTION" has more clout, when and if your case has been "dismissed" in your favor.

NOTE: I haven't seen this subject discussed much here in the forum, so let's open a dialog....your input appreciated !

Edited March 7, 2011 by Prosay