Legal Question in Consumer Law in Georgia

Small Claims Suit Against Gas Company

Hi,

How much should I be concerned about the possibility of being sued for ''malicious prosecution'' or ''abuse of process'' in the event I should lose a small claims court complaint I filed? What constitutes ''malicious prosecution'' or ''abuse of process''? I feel I have a fairly good, legit case, but I don't want to leave myself open to any possible losses.

Regards,

Don


Asked on 9/23/02, 11:43 am

1 Answer from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Small Claims Suit Against Gas Company

Malicious prosecution has to do with prosecuting a criminal charge without probable cause. Abuse of process has to do with using the judicial system to attempt to achieve an end result for which the system was not designed. Suing over a bona fide dispute would not get you in trouble. You might want to call around and find a local attorney who provides a no-charge or minimal charge consultation who can look over all your documents and confirm (or not) the lack of your need to worry.

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Answered on 9/23/02, 12:00 pm


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